Position/Demand Letters

Initiating court proceedings without first trying to settle out of court can be the least efficient and most costly way to go about your legal matter. Depending on the complexity of the matter and the relationship between the parties, you may be able to settle outside of court by way of private negotiations.

A position or demand letter is used as a way to initiate negotiations by introducing counsel, setting out proposed deadlines for the exchange of documents, or otherwise outlining your position to try to keep the matter out of court. Whether the opposing party intends to represent themselves or has a lawyer, this is a common way of opening negotiating between parties. You can also try to resolve a matter with a demand letter in the form of a cease and desist prior to initiating court proceedings. There are some risks associated with position/demand letters because there’s no guarantee the opposing party will cooperate, and for more complex matters, there no assistance from a Judge where parties can’t reach an agreement. But there are benefits as well, including the potential to settle by way of negotiations or to refer to efforts made to settle in assessing legal costs before a Judge. Position or demand letters can be used in a variety of matters, including:

Depending on the complexity of the matter and what you are seeking to achieve, sending a position or demand letter may not be the best route to take. Before deciding how you wish to handle your legal proceeding, it’s wise to speak with a lawyer to understand the overall process, various options, and best strategy for you.

Disclaimer: The information contained within these pages is general information only. Each matter is unique and the information contained within these pages may not apply to your situation. You should always seek legal advice to review your individual matter.