Pre-Filing Resolution Options
Information about resolution methods that may be available before filing a court case.
Pre-Filing Resolution Options
This guide covers common resolution methods that may be available before filing a court case. Some courts require or encourage resolution attempts before filing. Requirements vary by jurisdiction.
About Pre-Filing Resolution
Timing
Resolution may be quicker than court proceedings
Costs
Some methods have lower costs than court filing
Court Requirements
Some courts require resolution attempts first
Documentation
Creates a record of your resolution attempts
Common Resolution Methods
Direct Contact
Reach out directly to discuss the issue and request resolution.
Steps:
- Call or email the other party
- Clearly explain the problem
- State what you want them to do
- Give a reasonable deadline
- Document the conversation
Tips:
- ā¢Stay calm and professional
- ā¢Focus on the problem, not the person
- ā¢Be clear about what resolution you want
- ā¢Follow up in writing after phone calls
Success rate: Often resolves simple disputes
Demand Letter
A formal written request that creates documentation and shows you're serious.
Steps:
- Write a clear, professional letter
- State the facts of what happened
- Include the exact amount owed
- Set a deadline (usually 10-14 days)
- State you'll file suit if not resolved
- Send via certified mail with return receipt
Tips:
- ā¢Keep emotion out - be factual
- ā¢Include copies of supporting documents
- ā¢Keep the original and a copy
- ā¢The return receipt proves they received it
Success rate: Resolves 30-50% of disputes before court
Mediation
A neutral third party helps both sides reach a mutually acceptable agreement.
Steps:
- Find a mediation service (courts often offer free)
- Both parties must agree to participate
- Meet with the mediator
- Each side presents their view
- Mediator helps find common ground
- Sign agreement if reached
Tips:
- ā¢Go in willing to compromise
- ā¢Prepare your main points
- ā¢Listen to the other side
- ā¢A mediator doesn't decide - they facilitate
Success rate: 70-80% reach agreement
File a Complaint
Report to a regulatory agency that has power over the other party.
Steps:
- Identify the right agency for your dispute
- File a formal complaint
- Provide documentation
- Agency investigates
- May result in enforcement action
Tips:
- ā¢Consumer issues: Consumer Protection / Attorney General
- ā¢Contractor problems: Contractor Licensing Board
- ā¢Wage disputes: Labor Board / Department of Labor
- ā¢Auto repair: Bureau of Automotive Repair
- ā¢Business practices: Better Business Bureau
Success rate: Varies - but creates official record
Demand Letter Template
A demand letter is the most important step before court. Here's what to include:
Your contact information
Your name, address, phone, email
Date
January 12, 2026
Their contact information
Their name and address
Subject line
RE: Demand for Payment - [Brief Description]
Opening
Dear [Name]:
State the facts
On [date], [what happened]. I paid [amount] for [service/product].
Explain the problem
However, [what went wrong]. This violated [our agreement/warranty/law].
Your damages
As a result, I have suffered damages of $[amount], consisting of: [itemized list].
Demand
I hereby demand payment of $[total] within 14 days of this letter.
Consequence
If I do not receive payment by [date], I will file a claim in small claims court.
Closing
Sincerely, [Your signature and printed name]
What If They Don't Respond?
If your resolution attempts fail, you'll be in a strong position to file:
You Tried
Documentation shows good faith effort
More Evidence
Their non-response supports your case
Ready to File
Proceed to court with confidence
After You've Tried Resolution
Don't Wait Too Long
While trying resolution is important, don't let it delay you past the statute of limitations. If your deadline is approaching, you can file suit while still attempting to settle. Many cases settle even after filing.