Getting creative with dispute resolution | Stuart Rudner
When it comes to how we handle disputes, there are many options. And yet the reality is that most of us tend to do things the same way every time.
For example, in the case of a wrongful dismissal, counsel for the plaintiff will typically start by sending a demand letter to the former employer. The employer will typically forward that letter to their own counsel, who will send an initial reply advising that they are looking into the matter, and then follow that up with a more substantive response in which, almost undoubtedly, they will deny the allegations. They may or may not open the door to further discussion, in which case, the two lawyers will attempt to ascertain if a resolution can be reached. If not, and if the plaintiff is of the view that the matter is worth pursuing, then the next step will be to file a civil action or, if it is a purely human rights claim, a human rights complaint.
