This is your private worksheet You do not have to share ...

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

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.

Step 1: UNDERSTAND THE GOAL ODR Goal: Resolve your case with a settlement agreement instead of a court decision.

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.

The purpose of ODR is to help you and the defendant(s) reach a settlement agreement that works for everyone.

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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.

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

Step 2: UNDERSTAND ODR NEGOTIATION

ODR will ask you and the defendant(s) to send each other offers to consider accepting.

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.

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.

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.

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

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

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 800-593-8222

YOUR RIGHTS/OBLIGATIONS: GET YOUR INDIVIDUAL REPORT

LANDLORD PROTECTION GUIDELINES

FACT SHEET FOR TENANTS

FAQ

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

Law Library

__Information about SMALL CLAIMS COURT

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Information and assistance including COVID-19 rental debt (go to Small Claims Support Services)

__Information about NEGOTIATION STRATEGIES Tips for successful ODR Negotiations Search online for videos and information on "negotiation skills" and "principled negotiation."

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

Step 4: PLAN YOUR NEGOTIATION

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: _______________________________________________.

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.

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