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LAST UPDATED APRIL 27, 2021 1

Online Dispute Resolution (ODR) How Do I Prepare for Small Claims ODR Negotiations?

Plaintiff’s Worksheet This is your private worksheet. You do not have to share your answers

with the defendant(s). Step 1: Understand the goal Step 2: Understand ODR negotiation Step 3: Gather information/Get help Step 4: Plan your negotiation Step 5: Plan your opening offer or counteroffer Step 6: Read a sample ODR negotiation Step 7: Learn how to make offers and counteroffers in ODR Step 1: UNDERSTAND THE GOAL

ODR Goal: Resolve your case with a settlement agreement instead of a court decision. The purpose of ODR is to help you and the defendant(s) reach a settlement agreement that works for everyone.

Continued on next page

A settlement agreement is a contract between the parties. It states exactly what each party agrees to do (or not do) to resolve their case out of court.

COVID-19 RESIDENTIAL RENTAL DEBT CASES MAY NOT BE “COMMENCED” UNTIL AUGUST 1, 2021 (Code of Civil Procedure 116.223)

If your COVID-19 rental debt case was filed before August 1, 2021, you may

• register and participate in ODR within the timelines stated in your notice OR

• you may attend your scheduled small claims hearing and tell the judge about the date.

For information and assistance, see Step 3.

Online Dispute Resolution (ODR) - Small Claims Plaintiff’s Worksheet


Step 1: UNDERSTAND THE GOAL, Continued

In court, the judge controls the process, including what evidence is allowed, who wins or loses, how much money must be paid (if any), and when it must be paid. In ODR, you and the other parties keep control over your case. You make the decisions about payments and payment dates. You can also add customized “additional terms” that work for the parties but which a judge may or may not be able to order. If you reach an agreement, a judge will review it and the court will notify you if your court hearing or trial is cancelled. If you do not reach an agreement, you must attend your court hearing or trial and present your evidence.



Step 2: UNDERSTAND ODR NEGOTIATION

ODR will ask you and the defendant(s) to send each other offers to consider accepting. When you make an offer, you are doing two things.

1. You are stating the terms you would agree to in order to settle the case out of court; AND

2. You are asking the defendant(s) to agree to those terms OR or to respond to your offer with a “counteroffer” for you to consider.

ODR Negotiation simply means that you and the defendant(s) are sending offers “back and forth” to try to reach a settlement agreement. See Step 6 for an example.

How do you make and receive offers in the ODR system? See Step 7.

Offers are suggestions or proposals. They include the specific terms of the agreement, such as the amount of money to be paid, if any; payment dates, and how

payments will be made.

Compromise

It is common for both parties to give up some things they want in order to settle the case out of court. For example, planitffs may accept less than they wanted if

defendants pay in one lump sum within a short time. Or defendants may offer to pay more than they wanted if plaintiffs accept instalment payments. And both

parties may change their offers based on new information they learn during ODR. Settlement agreements are not always ideal, but ask yourself if the agreement you

reach is better than risking a court hearing or trial where you cannot predict or control the judge’s decision.



Step 3: GATHER INFORMATION/GET HELP

What information do you need to reach a fair and reasonable settlement agreement?

__ DOCUMENTS OR ANSWERS TO QUESTIONS FROM DEFENDANTS:

Describe: I need to know ___________________________________ I need to see_____________________________________

__COVID-19 RENTAL DEBT Information

CONTACT A FREE HOUSING COUNSELOR for questions about COVID-19 protections, landlord-tenant disputes, and resources. Call 833-223-7368 YOUR RIGHTS/OBLIGATIONS: GET YOUR INDIVIDUAL REPORT https://ucilaw.neotalogic.com/a/Cal-Covid-Info-App-for-Tenants-and-Landlords LANDLORD PROTECTION GUIDELINES https://landlordtenant.dre.ca.gov/landlord/protection_guidelines.html FACT SHEET FOR TENANTS https://landlordtenant.dre.ca.gov/pdf/resources/tenant/Tenant_Fact_Sheet.pdf FAQ https://landlordtenant.dre.ca.gov/faqs.html

__ Information about your TYPE of SMALL CLAIMS CASE Research COMMON SMALL CLAIMS CASE TYPES

https://www.courts.ca.gov/1012.htm

Law Library https://www.lalawlibrary.org/

__Information about SMALL CLAIMS COURT

http://www.lacourt.org/division/smallclaims/smallclaims.aspx Small Claims Advisor Service http://www.lacourt.org/division/smallclaims/pdf/SmallClaimAdvisorServiceEnglish.pdf Information and assistance including COVID-19 rental debt https://my.lacourt.org/odr/small-claims (go to Small Claims Support Services)

__Information about NEGOTIATION STRATEGIES Tips for successful ODR Negotiations https://my.lacourt.org/odr/assets/Odr-Tips.pdf

Search online for videos and information on “negotiation skills” and “principled negotiation.”

Small Claims Advisor Service http://www.lacourt.org/division/smallclaims/pdf/SmallClaimAdvisorServiceEnglish.pdf

https://ucilaw.neotalogic.com/a/Cal-Covid-Info-App-for-Tenants-and-Landlords

https://landlordtenant.dre.ca.gov/pdf/resources/tenant/Tenant_Fact_Sheet.pdf

https://landlordtenant.dre.ca.gov/faqs.html

https://www.courts.ca.gov/1012.htm

https://www.lalawlibrary.org/

http://www.lacourt.org/division/smallclaims/smallclaims.aspx

http://www.lacourt.org/division/smallclaims/pdf/SmallClaimAdvisorServiceEnglish.pdf

https://my.lacourt.org/odr/small-claims

https://my.lacourt.org/odr/assets/Odr-Tips.pdf

http://www.lacourt.org/division/smallclaims/pdf/SmallClaimAdvisorServiceEnglish.pdf



Step 4: PLAN YOUR NEGOTIATION

1. The amount of the claim is $_______________.

2. This is how I calculated that amount:

3. Are you willing to accept less than the amount of your claim, as a compromise, to settle this case out of court?

__ Yes, I would consider accepting a reduced amount of $______ to settle out of court if we can work out acceptable terms. __No, I will only accept the full amount

__but I will consider accepting instalment payments __and it must be paid in one lump sum

__Did defendant file a Defendant’s Claim and Order (SC – 120) against you in this case? If no, skip this section. If yes, try to settle all claims in this case so that you end up with one final Settlement Agreement for the whole case.

__ I am willing to reduce my claim by $______ to offset (give credit for) defendant’s claim

against me.


What is most important to you about this case? Check all that apply:

___Resolving this case without a court hearing, if possible ___Getting a judgment for my full claim even if I don’t expect to collect it all ___Receiving as much money as possible, sooner rather than later, even if it’s

less than the full claim ___Receivng money in one lump sum payment ___Receiving money in instalments, if that’s the only way defendant can pay it ___A good relationship with the defendant(s) or at least not a bad one ___Other: _______________________________________________.



Step 4: PLAN YOUR NEGOTIATION, Continued

4. Additional Terms Settlement Agreement forms include the amount and date(s) of payment and how payment will be made (check, electronic transfer, etc.). Describe any other terms you would like to add:

5. My ideal settlement agreement [that defendant(s) may not agree to]: Defendant pays $______ as one payment on ________ (date) or in installment payments on these dates__________________ by________ (electronic payment, cash, money order, check, other). Additionally, _____________________________________________________.

6. A realistic settlement agreement that would be fine with me and that defendant(s) would probably agree to: Defendant pays $______ as one payment on ________ (date) or in installment payments on these dates______________ by _______ (electronic payment, cash, money order, check, other). Additionally, _____________________________________________________.

7. The worst settlement agreement I would accept, to settle out of court, is: Defendant pays $______ as one payment on ________ (date) or in installment payments on these dates_____________ by ___________ (electronic payment, cash, money order, check, other). This is your “bottom line.” It’s not ideal but is it better than any other option? NOTE: Parties usually keep their actual “bottom lines” private.

8. Plan B If the “worst” deal turns out to be the “best” deal you can reach in ODR, will you accept it? __ Yes __No __Maybe If no, what are your other options? If you choose to attend your court hearing or trial instead of settling, what documents/evidence will you show the judge to prove your side of the case?

9. Non-parties Is there anyone you should consult before you make or accept offers in this case? Consider family, friends, colleagues, co-workers, etc.




Step 4: PLAN YOUR NEGOTIATION, Continued

10. Helping defendant(s) say “yes”

What documents can you upload and share with the defendant(s) to support the offers you want them to consider? What information, comments and questions can you send in “chat” to help them understand your offers and counteroffers? Consider these examples:

Sample comments and questions to help the parties understand each other

a. I calculated the amount by including $____ for the amount in the contract, plus $___ for ____. But I’m waiving (not asking for) $______ (in late fees, interest, court costs) to settle this case out of court.

b. I will reduce this amount to $_____IF you agree to pay it in one lump sum by (electronic transfer,

money order, check, cash) on this date _____ by ____(time).

c. I reduced the amount in my offer to give you credit for _____. My claim asked for $_____. I’m giving you credit for $_____ to settle this case out of court.

d. Before I send an offer, I’d like to understand how you see this claim. If you don’t think you owe it, or all of it, please explain why and send written proof.

e. Can you help me understand the reasons for your offer? It would help if you could explain these things:



Step 5: PLAN YOUR OPENING OFFER OR COUNTEROFFER

What’s the best answer to this question?

If I make the first (opening) offer to start the back and forth negotiation, I will suggest $______ to be paid on (date) ______ or (dates) ___________ in this way ____________.

If you’re not sure how to think about “opening offers,” this information may help: Who sends the first “opening” offer? Either party can send the first offer. This starts the “back and forth” negotiation about how to resolve the case in a way that works for everyone. Types of opening offers and counteroffers (responses to offers)

Reasonable and strategic opening offers Many skillful negotiators make first offers that are very good deals for themselves and reasonable enough for the other party. They leave some room to negotiate because they know that going “back and forth” a few times is a normal part of the negotiation process: It can help both sides feel satisfied that they reached a fair deal. What’s a reasonable and strategic opening offer for your case? There’s no “right answer.” You’ll have to make that decision for yourself, but It might help to use your worksheet. Some negotiators choose terms that are somewhere between their “ideal” and “realistic” settlement agreements; some start closer to one or the other of these options. Opening offer “test”: Write an opening offer and then take this “test”: This is a good deal for me and not too terrible for the other party, but it is not my final offer. I understand that the other party may not accept it. This offer leaves me some room to go “back and forth” with them so that we end up with an agreement we both can accept. ___Yes ___No __Maybe Responding to reasonable offers: Counteroffers If you receive an offer that is a good deal for the other party but not quite good enough for you, your options include: • Send back a counteroffer that is very good for you and not too unreasonable for them. • Instead of sending a counteroffer, send questions to try to find out what’s most important to

them, such as the amount or timing of payments, or the way payments will be made (electronic transfer, cash, personal check, etc.). Then make a counteroffer that works for both you and them. Tip: Skillful negotiators try to “stand in the other person’s shoes” to help reach a reasonable agreement that works for everyone.




Step 5: PLAN YOUR OPENING OFFER OR COUNTEROFFER, Continued

Be prepared for other types of offers

Extreme offers: Some people make an opening offer that is so extremely unreasonable that they know the other party will not accept it.

If Party A sends Party B an extremely unreasonable offer, what can Party B do?

Refuse to negotiate. Or send an extremely unreasonable counteroffer back to Party A. Or ask Party A to send a reasonable offer. Or send a reasonable counteroffer to Party A.

Note: If the first offer is extremely aggressive and unreasonable, it can be difficult to reach a reasonable final agreement.

“Take it or leave it” offers: Some people send an offer that seems reasonable to them, so they tell the other party to “take it or leave it”: Accept this offer or we’ll go to court. Their first offer is their only offer. They don’t want to “play games” by negotiating back and forth.

If Party A sends Party B a “take it or leave it” offer, what can Party B do?

If Party B thinks the offer is reasonable, they can reach a quick settlement agreement without any negotiating, so sometimes this approach works well for both sides. But if Party B does not accept that first offer and proposes different terms, Party A has a hard decision to make: End the negotiation and attend the court hearing or start negotiating for a possibly unsatisfactory agreement.

Tip: Try to make an opening offer that is reasonable and strategic.

After the opening offer You and the defendant(s) can send each other as many new and different “updated” offers as you want. For example, you might decide to reduce the amount you are requesting based on:

• the payment date(s) the defendant agrees to • the specific way defendant will pay you • new information the defendant sends you during the negotiation • claims the defendant has filed against you • your decision to control the outcome by compromising in a settlement agreement instead of

risking a court hearing with an uncertain outcome • the value of a judgment for the full amount of your claim (that may be difficult to collect from

defendant) compared to the value of actually receiving a reduced amount that the defendant can and will pay.



Step 6: READ A SAMPLE ODR NEGOTIATION

Your case may be very different from this example, so just read this to get a general idea of how ODR could work when both parties use a respectful tone to work together. In this case, plaintiff sued defendant for $1000, and the parties use ODR to negotiate an agreement for $800. Notice how each party leaves a little room to go “back and forth” and how they respond to new information. Also notice how they are negotiating “time and money” and for something that’s more important to Plaintiff than either one of those terms.

Note: Deleting the negative online review is an example of an Additional Term that parties may add to their settlement agreements.

Defendant: You did a great job, but your work was late. To make up for that, I’ll offer to pay you $600. I can pay that on Feb. 20.

Plaintiff: Thanks for making an offer to settle this case out of court. I’m very sorry that the work was completed one day late. As I have explained, the special parts we needed didn’t arrive on time, so there was nothing I could do. That’s why I already reduced the $1200 bill by $200. I’ll come down from $1000, but I need the money for my house payment in January. I will accept $900 on Jan. 10.

Defendant: Thanks for lowering the amount. I understand that the delay wasn’t your fault but it still caused me some problems and expenses. I will come up to $700, but I don’t get paid until February 15, so I can’t pay it all in January.

Plaintiff: I understand. Would you consider deleting or changing the negative review you placed online? I think you were pleased with my work except for the delay. If so, I’ll go down to $800, which means I’m reducing my bill by $400. Defendant: Yes, I’ll change the review to say that I was pleased with your work and that there was a delay but it wasn’t your fault and you gave me a discount to try to make it right. But I won’t have all the money until Feb. 15. Plaintiff: Ok, thanks. How about paying $400 on Jan. 15 and $400 on Feb. 15? And can you pay by online transfer? Defendant: Yes, I can live with that. We have a deal.

Plaintiff: Great, thanks. I’ll take the next steps in ODR and you’ll get a copy to review asap. Defendant: Thanks.



Step 7: LEARN HOW TO MAKE OFFERS AND COUNTEROFFERS IN ODR

Where do you make offers to defendant(s)?

Where do you receive the defedants’ offers?


ODR provides a negotiation screen where you enter your offers and send them to the defendant(s). Look for the Plaintiff’s negotiation area. That’s where you can: 1. Fill in the blanks to state the amounts and dates you want the

defendants(s) to consider. Be sure to scroll down to the very end of the screen to see all the questions.

That’s all you have to do, but you have two more options:

2. Optional: Add “Additional Terms” that are not mentioned on the screen

but that you think should be included in the agreement.

3. Optional: Use “Comments” or “Chat” to explain the reasons for your offers and to ask defendant(s) to explain their reasons. You can also use Chat to upload your documents and to review their documents.

1. Go to the same negotiation screen where you make your offers . Look for Defendant’s negotiation area. That’s where they make their offers to you. Be sure to scroll down to the very end of the screen to see their complete offers.

2. Check for any “Additional Terms” they may have sent to you.

3. Check for any Comments or Chat messages they may have sent to you.



Step 7: LEARN HOW TO MAKE OFFERS AND COUNTEROFFERS IN ODR, Continued

How can you respond to defendants’ offers? You can:

• Make a counteroffer to propose some or all different terms • Accept some or all of their terms • Decline (say “no thanks” to) their offer without ending the negotiation • Decline (say “no thanks” to) their offer and end the negotiation

Making a Counteroffer It is common for both sides to change their offers to reach an agreement. See Step 6 for an example. To change (update) your offer: If all parties agree to settle the case ODR will fill in your settlement agreement form with the specific terms you and the defendant(s) agree to. ODR will then guide you through the final steps to complete your settlement and dismiss this case without a court hearing. If all parties do not reach a settlement agreement You must attend the court hearing or trial.

1. Go to your negotiation screen. Delete the terms you want to change. Enter the new terms.

2. Optional: Make changes in “Additional Terms.”

3. Optional: Explain your reasons or ask questions in Comments or “Chat.”

Documents

This is your private worksheet You do not have to share