Defamation is a form of offense that happens when a person makes false statements of facts that lead to the injuring of someone else’s reputation. Since people can make false remarks against another person in more ways than one, there are specific terminologies for specific forms of defamation. If the accused defamed someone else by written or published means, the case is called as Libel. On the other hand, if the defamation was made by means of the spoken word, then the case is called Slander. Cases of defamation, specifically libel, are settled before trial in a lot of instances. This article will discuss what you must expect regarding how to issue settlement in a libel case.
The first thing that we must know regarding how to issue settlement in a libel case is why libel cases are usually settled outside of court.
Almost all defamation cases are settled before they reach the courtroom, with some states even requiring alternative ways to resolve issues related to this type of case before it gets to a trial. Multiple reasons exist why settlement usually happens for libel cases, but the consensus is that it is done because lawsuits can cost a lot of money, the results of the trial can become unpredictable in most occasions, and resolution of cases can take a very long time. These reasons apply to almost all cases aside from libel, but they apply especially to defamation, libel, and slander because these are extremely based on facts only. Therefore, in order to properly build a case against a person suspected of committing libel, exact and loophole-devoid facts must be established, experts must be hired, witnesses must be requested to come forward, and painstaking research must be done.
Settlements can be made before the lawsuit is filed, or once the discovery period is complete. There are three ways on how to issue settlement on a libel case. Settlements can be made using negotiations between you, or with your attorney if you happen to be represented, and the defendant or his attorney is he too is represented. In addition, cases can be resolved with the help of an arbitration or mediation from a neutral third party.
The first type of settlement, negotiation, is defined as the agreement made between the two parties as an attempt to reach a compromise.
The second type of settlement, mediation, is done with the help of a neutral third party. Mediations are non-binding and will usually cost money depending on where the mediation happens, as well as on the mediator’s skills.
The third type, called arbitration, is quite similar to mediation. The only difference of the former to the latter is that the proceedings in arbitration are more formally staged and the decision of the arbiter is legally binding and can be enforced against both sides. Since the setting of arbitration is more formal, it costs more than mediation, and the total amount spent on the process is equally split between the two parties involved. To be further informed about your choices when it comes to settling, it is always recommended that you talk to a lawyer that can help give you professional assistance.