Nowadays, disputes arising in commercial business activities, labor, construction, and other fields appear more and more. However, the quantity of resolved cases of the competent agencies such as Court and Arbitration accounts for a low rate compared to the actual number of arisen cases. The reason for this situation is that the parties are often afraid of bringing the case to the Court or Arbitration. The Aggrieved Party often tries to resolve it by negotiation and mediation. In case the parties cannot negotiate and mediate, the Aggrieved Party accepts and does not take any legal action to reclaim lawful rights and interests.
So why does the Aggrieved Party accept such a commitment and what is the solution for the Aggrieved Party to claim its legal rights and benefits that should have belonged to them?
1. The psychology of reluctant to conduct legal proceedings of Aggrieved Party
In the event that disputes arise, firstly, the Aggrieved Party will find a way to negotiate and mediate to reclaim legal rights and benefits. However, when negotiation and mediation do not effective, the Aggrieved Party needs to conduct legal proceedings at competent procedural authorities to reclaim legal rights and benefits. Notwithstanding the above, the Aggrieved Party is usually forced to compromise with the Offending Party and accepts the loss instead of conducting legal proceedings at competent Authorities or accepts the entire damages for the below reasons:
- Afraid that the file and evidence, documents are not enough to initiate a lawsuit;
- Afraid that the Court does not settle their case objectively;
- Afraid that the time for suing will be prolonged but it is unclear whether the result in the future will be as expected;
- Afraid of affecting the honor, reputation, and trademark of individuals, organizations during and after the legal action; …
- Afraid of losing property and failing to claim it.
Therefore, even though the Aggrieved Party has suffered great losses, even losing their entire accumulated assets or a major loss to the organization, the Offending Party is still free to continue to cause damage to other parties and in the end “good people always suffer losses and bad people always have benefit”.
2. Solution for the Aggrieved Party
For those Aggrieved parties who are “Good people always suffer losses”, firstly, we think that the Aggrieved Party needs to recognize the fact that the damage has already happened. It is an objective fact and the Aggrieved Party cannot change it.
Therefore, the Aggrieved Party must keep calm to determine what they need to do next: Negotiation and mediation are the best measures. However, if it is not possible to negotiate and mediate, they should consider the legal proceeding as a step needed to be taken to reclaim their rights and benefits. The Aggrieved Party should also calm down to clarify such factors as:
- Collect more documents if the file is not clear;
- The Court is a legal authority so that the Court always has to obey the law and cannot make white black;
- The Aggrieved Party initiates a lawsuit and legal proceedings can be prolonged but if they do not conduct legal proceedings, they definitely cannot reclaim lost rights and benefits;
- Although reputation, honor may be affected, everyone will know the incident sooner or later and the Aggrieved Party cannot avoid that reputation and honor will be affected.
And the biggest problem when settling disputes sometimes is not a legal issue but a psychological issue of the Aggrieved party. The Aggrieved Party must overcome the fear and be calm in order to settle the case in the best way. When the Aggrieved Party overcomes the fear and be ready to face costly and time-consuming legal proceedings in the future, the Offending Party will be afraid and the Aggrieved Party will have a bigger chance to reclaim what they lost.
We cannot guarantee that legal proceedings definitely protect lawful rights and benefits of the Aggrieved party but it will certainly increase the defenses of lawful rights and benefits of the Aggrieved party. Good people are less to suffer losses, and bad people will not be able to benefit forever. Society will be better because bad people will suffer great consequences if they cause damage to STRONG GOOD PEOPLE. And sometimes Dispute Settlement is a psychological battle, not a legal battle.
This article is our share of the Psychology of the Aggrieved party during the Dispute Settlement. Hopefully this article is helpful to you.
Best regards.
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TNTP and Associates International Law Firm
Lawyer Nguyen Thanh Ha
Email: ha.nguyen@tntplaw.com
