Riley Bennett Egloff Magazine July Magazine | Page 9

plants, and grass;
o A sprinkler head was damaged as a result of lawn aeration and/or seasonal opening and closing of the
sprinkler system;
o A newly planted neighbor’s bush “trespassed” on a neighbor’s property by 6-8 inches;
o A homeowner routinely blew his grass clippings on his neighbor’s property.
5. Open communication can solve matters quickly. Just in the past week, a neighborhood social
media outlet published a homeowner’s delivery of a very public castigation of an irrigation company, by
name, alleging a repair to the homeowner’s sprinkler system had been faulty. The homeowner had tak-
en to a social media outlet to harshly criticize the supposed unethical conduct of the irrigation company
in failing to redress the problem. Fortunately, the “damaged” sprinkler-head was easily repaired by the
company, there was a retraction of the cascade of negative comments made, and within 48 hours the com-
plaining homeowner reversed his critique, offering an unqualified recommendation to the company and
attributing his frustrations to “miscommunication”.
6. It’s easy to “lawyer up” but hard to “de-escalate.” Always remember you can escalate matters
which may be initially viewed as irritating and later involve your lawyer in the process if you cannot am-
icably work things out directly with the individual or business. However, once the matter has escalated,
lawyers have been hired, and accusations emotionally leveled, it can be difficult to reverse course. Initially
seek a logical, amicable, timely, and economically sensible compromise. By using pre-suit mediation it is
often easier to resolve tha n an effort to do so after a suit has been filed.
Even if litigation has been commenced against you by another party over a dispute, consider hiring an
experienced attorney who can work with you to de-escalate matters (for example, you have been sued for
an outstanding bill which you have intentionally not paid because the service is incomplete or product
purchased was defective). An experienced attorney will have no qualms to litigate if necessary, but will
serve your best interests if he/she can arrange for all interested parties to meet intending to calmly discuss
options, opportunities, and bring a level-headed approach toward reaching a resolution.
7. Compromise without admission. While they may be in the background, seasoned attorneys can
also offer you advice on approaches to pursue reaching an appropriate compromise, while not admitting
any wrongdoing or contributing to the problem at issue. Remember that most businesses are keenly aware
that if they “make things right” they may keep a loyal customer and actually enhance their reputation
within the community.
8. Not every wrong has a practical remedy. Not every perceived problem may have a cost-effective
remedy worth pursuing. Do you really want to threaten to pursue an action because your neighbor blows
his cut grass onto your property after you have asked him to stop?
9. Respectful communication is key. Communication is always enhanced when there is respect
consistently given, active listening undertaken, and the focus remains on seeking a solution to the current
situation rather than assessing fault as to who caused the problem. In almost every case, communication
is the key.
10. Time and money commitments are often underestimated. Litigation tends to be more ex-
pensive, more time consuming for the litigants, and many times may involve both delay and permanently
fractured relationships, all of which may have been avoided if cooler heads and dispassionate fair compro-
mise had prevailed.
In summary, “Be Happy, Not Angry!” Seeking a trusted attorney’s sage advice in resolving a dispute should fo-
cus initially on a goal of preserving a working relationship or friendship, with your attorney assisting you to avoid
being embroiled in on-going litigation. If reasonable compromise proves unsuccessful, your counsel should have
a plan to go forward for your approval and be a litigation warrior on your behalf. Regardless of the season, you
can often prevent an unnecessary escalation of charges and counter-charges while preserving personal and/or
business relationships. Doing so will allow you to concentrate on enjoying your life and focus upon being thank-
ful for the things that really count: good health and strong, positive relationships with family and friends. We at
Riley Bennett Egloff LLP remain committed to assisting you with this in mind.
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