Litigation Part II


6. Who determines the geographic location where my lawsuit will be heard?

The location of your lawsuit is known as the venue. Venue can be proper in more than one county, depending upon where the plaintiff and defendant reside or conduct business, and where the underlying claims first arose. The party commencing the lawsuit generally dictates where the proceeding will be conducted.

7. Can I be forced to arbitrate or mediate my claims?

Generally speaking, absent a contractual requirement to arbitrate or mediate claims, a person may not be compelled to do so. Depending upon the circumstances of your matter, however, it may be in your best interests to proceed with some form of alternative dispute resolution, such as arbitration or mediation.

8. Can I be forced to settle my claims prior to trial?

No one can force you to settle your claims if you do not wish to do so. However, depending upon the circumstances of your matter, it may be in your best interests to do so. Any decision on whether or not to settle your claims should be evaluated thoroughly with your attorney.

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