Riley Bennett Egloff Magazine July Magazine | Page 8

HAPPY SPRING: TIME TO SUE MY SERVICE
PROVIDER OR DISPARAGE MY NEIGHBOR!
10 Tips to Quickly, Amicably, and Economically Settle
Disputes Fairly
By J. Mark McKinzie, RBE Attorney
Originally Published May 2018
W
ith the beautiful weather the month of May brings us in Indiana, generally people are in a happier mood
being outside and enjoying the warmth and sunshine of springtime activities. The closer interaction with
family, friends, neighbors, and business associates which naturally occurs in springtime brings smiles, fun, and
laughter.
In past times if a misunderstanding or dispute arose, this enhanced sense of comradery would result in the am-
icable settlement of dispute with neighbors or trusted vendors of services or products, rather than rash actions
being taking in disparagement of a neighbor or their business. However, with personal civility having ebbed
among adults and children now growing up with fewer social interactions with their peers (i.e. smartphones,
texting, etc.) we have developed into an increasingly competitive and litigious society. Today, the public is more
willing to trade a momentary adrenaline rush gained by striking out at someone perceived as wronging them, in
exchange for long-term negative consequences. These actions can result in a relationship lost, a lawsuit filed, and
a reputation ruined over relatively trivial matters when viewed through the prism of 20/20 hindsight. It is in this
environment that people are quick to make social media posts they often later regret. 18
Having had the privilege of representing individuals in private practice with these types of matters for many years,
my experience is that even if these disputes do not escalate to the extent of providing a potential cause of action
for slander or libel, everyone is better served if he or she remembers the following ten (10) tips, especially if they
are owners of businesses providing services and products to the public:
1. Do not act on emotion. Focus on a dispassionate goal of getting the matter resolved as quickly as
possible and putting the matter behind you.
2. Look for other avenues for resolution. Investigate and take advantage of administrative avenues
where consumer advocates offer assistance in resolving disputes. Getting ahead of the matter by being
proactive and explaining your factual case to a consumer advocate will often result in a speedier solution
on more favorable terms than if the issue lingers. [For example, the Indiana Department of Insurance,
Indiana Attorney General’s Office, Better Business Bureau of Central Indiana, etc.]
3. Keep things in proper perspective. Is it really worth a small claims lawsuit being filed and your
relationship with your next door neighbor being irrevocably ruined because his newly planted bush or
tree abuts your fence, which may possibly cause it to deteriorate more rapidly over the next ten years? Of
course not.
4. Get along with your neighbors. Other real-world examples (occurring in the past year) of persons
who have initially sought legal redress, but ultimately communicated with their neighbors/service provid-
ers and resolved matters:
o A neighbor’s pool backwash leeched on to a neighbor’s property causing some distress to bushes,
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Riley Bennett Egloff LLP - April 2018