In the state of California, a “Meet and Confer” letter is a component of the pre-litigation process, particularly during civil cases and employment disputes. This Letter typically serves as formal written communication required by law or court rules as a means for promoting early resolution of a dispute prior to initiating formal litigation in the matter.
One party usually requests to meet with the opposing party and confer on the issues at hand to attempt to find a resolution before a lawsuit is filed and both parties move forward with a trial.
How the Meet and Confer Process Works in California
The “Meet and Confer” process may be applied in a variety of legal complaints and disputes, including employment cases, civil suits, and discovery phase violations. The California Code of Civil Procedure requires the two sides undergo this process, which is designed to initiate a dialogue between both parties and resolve conflicts in a timely and cost-effective manner.
While the Meet and Confer process mandates that both parties meet and confer during the course of a dispute, the reasons for the parties to engage in the required correspondence may differ based on the nature of the case and the intended outcome in the matter.
For example, two parties engaged in a civil matter are required to meet and confer when there are obstacles or other barriers to a smooth and effective discovery phase in the case.
Employment law relies on the Meet and Confer process when employers and employees are tasked with attempting to find a resolution ahead of lodging a complaint or filing a lawsuit in matters such as an unlawful discrimination or illegal termination. The Fair Employment and Housing Act (FEHA) in California may require both parties to initiate the Meet and Confer process before taking legal action.
Why the Meet and Confer Process is a Necessary Component of the Law
The Meet and Confer process opens avenues of communication between both parties and that can benefit both sides of the dispute in a variety of ways:
- Resolve the Dispute Faster: When both parties can sit down and discuss the issues at dispute quickly and ahead of initiating a lengthy and costly litigation, disputes can be resolved faster because the parties are able to address the main sticking points in the conflict.
- Save Time and Money: When both parties can get together and talk directly with each other about resolving each issue at dispute, this can also help to keep legal costs down, on both sides. There is no need for filing motions, discovery phase delays, and enduring lengthy trials that only result in inflating the costs associated with resolving the conflict.
- Commit to Negotiate: Negotiating in good faith shows that both parties are open to resolving the matter in a professional and straightforward manner. If both sides take this approach to the issues at hand, it can be much easier to reach an agreement that works for everyone, even if the parties are forced to compromise in equal measure.
Drafting a Meet and Confer Letter
The first step in the process is the Meet and Confer Letter which informs the other party that you wish to meet and begin discussions as to the issues at dispute and find solutions that work for both sides, thus avoiding litigation.
A Meet and Confer Letter is not that dissimilar from any other standard letter in which you are trying to communicate with another individual or party, but this document serves to outline the conditions and points that need to be addressed with respect to a pressing legal dispute.
When drafting the Letter, keep it brief but lay out all of the points that need to be addressed. Maintain a professional tone that fosters the goal of reaching a resolution. For clarity’s sake, outline the particular issues that you wish to discuss with potential solutions, and close with a request for the parties to meet.
Structure of the Letter
When drafting your letter, keep the following in mind:
- Introduction: Begin with a formal greeting as you would in any other professional letter and get to the point quickly, detailing the reason for writing to the other party by identifying the dispute at hand and providing relevant context that further addresses the matter.
- Outline the Discussion: Provide details about the issues within the dispute that need to be discussed in a clear and concise manner. This will lay out the groundwork for the meeting and allow the opposing party to prepare for the meeting.
- Date and Time to Meet: The meeting doesn’t have to be in person, which can alleviate any potential conflicts in attempting to put a date on the calendar to meet. This conversation may be able to take place on the phone or via Zoom. But if the two parties wish to convene in person, offer a number of options for dates and times that work for all individuals on both sides.
Seek Expert Legal Advice
The Meet and Confer process is an essential component of the legal system in California and if you are currently involved in a dispute where you anticipate meeting with another party in the matter, don’t do it alone. Attorney Fahim Rahman can help you navigate the complexities of the legal system and protect your rights when you are involved in a legal matter that requires careful and professional attention.
This includes drafting a Meet and Confer Letter to initiate a line of communication between you and the other party and make every attempt to reach a favorable legal outcome without the potential costly repercussions of a lengthy litigation period.
Give the Law Office of Fahim Rahman a call today and schedule an appointment to discuss your case and the next steps you should take to satisfy the matter. Sometimes the legal system is not fully equipped to resolve certain conflicts and simply meeting to discuss the details of the dispute and find a practical solution is the best approach. A Meet and Confer Letter is the first step towards achieving that objective.