ODR is a process, for the parties involved in the case, to discuss the issues with the help of a neutral third party outside of the courtroom. Items for discussion may include:
Small Claims Court is a special section of a court where you can sue for up to $5000. You can only sue for money. You cannot sue to make someone do something or for pain and suffering.
Additional sources of information to help you, are: NY County Small Claims Court Website and NY County Small Claims Court Guide
Time is money! A legal dispute can take months sometimes years to resolve through court. You'll probably need to take time off from work for court hearings and trials. For some, this is hard, if not impossible, depending on work schedules. Online dispute resolution is very flexible. You can 'talk' with the other party on your own time, quickly and easily and all online.
You have the option to terminate the negotiation at any time; however, you will not be able to access the negotiation if you change your mind. If no agreement is reached after that, then the dispute will continue. This means that your case will move through the legal process or, if no case is filed, a lawsuit may be filed.
Mediators are: Trained, experienced, neutral third parties who will help you and the other party find a solution to your problem. .
Parties generally find that dispute resolution is more useful when they're prepared and have a plan. Your mediation plan should identify your goals, the other party's goals, and how you might be able to propose a solution that will result in an agreement. Thinking through these things in advance will help you and the other party negotiate an agreement that works for you and your child(ren).
When a party makes a proposal to you, it is up to you to decide if you want to accept or reject the proposal. If the proposal works for you, say so, and move on!
If the proposal does not work for you, it is helpful if you explain why the proposal doesn't work. Just saying 'no' doesn't help the other party come up with something better. Provide a reason for why the proposal does not work for you.
You or the other party can suggest a parenting plan. Although courts can determine a parenting plan, it is usually best if parents work out their own plan and schedule. Consider the following basic principles for a parenting plan:
Whatever the plan and parenting time schedule you agree upon, be sure that it is something that works for your child(ren) and each party. If there is an agreement, each side should identify what will happen if the agreement is not followed
Small Claims Court is for claims for money only, up to $6,000. Small Claims Court is quicker and less formal than other courts and you may not need an attorney.
It's a chance to end a legal dispute in a way that minimizes time spent at court and saves money. It offers a safe, private, online space to negotiate a satisfactory resolution with the other party. In some cases, this can reduce harm to your credit and help avoid wage garnishments or other collections procedures. Whatever is most important to you, the Online Dispute Resolution process can help you reach your goals.
Mediators are:
Trained, experienced, neutral third parties who will help you and the other party find a solution to your problem.
Parties generally find that dispute resolution is more useful when they're prepared and have a plan. Your mediation plan should identify your goals, the other party's goals, and how you might be able to propose a solution that will result in an agreement. Thinking through these things in advance will help you and the other party negotiate an agreement that works for everyone.
When a party makes an offer to you, it is up to you to decide if you want to accept or reject the offer. If the offer works for you, say so, and move on!
If the offer does not work for you, it is helpful if you explain why the offer doesn't work. Just saying 'no' doesn't help the other party come up with something better. Provide a reason for why the offer does not work for you.
You or the other party can suggest a payment plan as a potential resolution. Consider the following:
Whatever the offer, be sure that it is something that works for each party. If there is an agreement, each side should identify what will happen if the agreement is not followed.
If you can afford to make a lump sum payment in a short time frame (for example, 30 days), the other party may be willing to accept less money and dismiss the case once your payment is received. Consider asking the other party about a lump sum payment.
If you can afford to pay off the total amount in a small number of payments (for example, 3 monthly payments), the other party may be willing to accept less money and dismiss the case once all of your payments are received. Consider asking the other party about a short term payment plan.