Dispute Resolution Options
An overview of different ways to resolve disputes, including alternatives to small claims court.
Resolution Options Overview
There are multiple ways to resolve disputes. This page covers small claims court requirements and alternative options. Consult with your local court or an attorney for guidance on your specific situation.
Small Claims Court Requirements
Small claims courts have specific requirements. Review these common factors:
Claim Amount Over $25,000
Most states cap small claims between $5,000-$12,500. Only Texas allows up to $20,000. Claims over these limits must go to regular civil court or you must voluntarily reduce your claim.
Your options:
- •File in civil court (higher fees, may need attorney)
- •Reduce claim to fit small claims limit
- •Consult attorney about best approach
Statute of Limitations May Have Expired
Every type of claim has a deadline for filing. Once it passes, you lose the right to sue - even if you're clearly owed money.
Your options:
- •Verify exact deadline for your claim type and state
- •File immediately if still within limits
- •Consult attorney about possible exceptions
Government Defendant
Suing government entities requires special procedures, very short notice deadlines (often 6 months), and filing administrative claims first.
Your options:
- •Research your state's government claims process
- •Act immediately - deadlines are strict
- •Consult attorney experienced with government claims
Cannot Appear in Court
Small claims requires personal appearance at hearings. If you truly cannot attend, your options are limited.
Your options:
- •Check if your court offers video/phone hearings
- •Ask about rescheduling options
- •Consider appointing someone to appear for you (limited in some states)
Multiple Complex Issues
Cases with many parties, complicated facts, or legal technicalities may be better suited for regular court with full procedures.
Your options:
- •Simplify to core dispute if possible
- •Consider regular civil court
- •Get attorney consultation to assess complexity
Alternative Paths Forward
Regular Civil Court
For claims exceeding small claims limits or complex legal issues requiring formal procedures.
Best for:
- Claims over your state's small claims limit
- Cases requiring extensive discovery
- Complex legal questions
- Need for formal rules of evidence
Consider:
- •Higher filing fees ($150-$400+)
- •Longer timeline (months to years)
- •Attorney often recommended or required
- •More formal procedures
Mediation
A neutral third party helps you and the other side reach a mutually acceptable agreement.
Best for:
- Ongoing relationships (neighbors, family)
- When both parties want to resolve quickly
- Business disputes where privacy matters
- Cases where compromise is possible
Consider:
- •Voluntary - both parties must agree
- •Usually costs $100-$500 (split)
- •Not binding unless agreement is signed
- •Many courts offer free mediation
Arbitration
A private judge (arbitrator) hears both sides and makes a binding decision.
Best for:
- When contract requires arbitration
- Business-to-business disputes
- Cases needing expert decision-maker
- Confidentiality is important
Consider:
- •Often binding and hard to appeal
- •Can be expensive ($1,000+)
- •May favor repeat players (businesses)
- •Check if already required by contract
Government Agencies
Many disputes can be reported to regulatory agencies that have enforcement power.
Best for:
- Unpaid wages → Labor Board
- Consumer fraud → Consumer Protection
- Contractor issues → Licensing Board
- Landlord violations → Housing Authority
Consider:
- •Usually free to file
- •Agency may investigate and act for you
- •Can take time (weeks to months)
- •May not recover full damages
Reduce Your Claim
Lower your claim amount to fit within small claims limits and proceed there.
Best for:
- When you just want resolution
- When amount is slightly over limit
- When quick resolution matters more
- When collecting more is unlikely anyway
Consider:
- •You give up the excess amount
- •Cannot later sue for the rest
- •May still be better than civil court costs
- •Weigh litigation costs vs. recovery
Consult an Attorney
Get professional legal advice to understand your best options and potential outcomes.
Best for:
- Complex legal issues
- Significant money at stake
- Government defendants
- When you're unsure of your rights
Consider:
- •Many offer free consultations
- •Contingency fee = they only get paid if you win
- •Legal aid available for low income
- •Worth the cost for large claims
Still Want to Try Small Claims?
If you believe small claims is still your best option, here's what to do:
Address the blockers
Review the challenges above and take steps to resolve them
Get a professional opinion
A brief attorney consultation can clarify if small claims will work
Contact your local court
Court clerks can answer procedural questions about your specific situation
Don't Give Up
Just because small claims may not be ideal doesn't mean you don't have a valid claim. The alternatives above may actually provide a better outcome. Many complex cases are successfully resolved through mediation, arbitration, or with legal help.