I hope everyone is doing well and that all my readers enjoyed their time with their families and had a week full of laughter, pretty outfits, good food, meaningful connections and more importantly kindness and forgiveness. Today I want to speak about forgiving or compromising in legal transactions. This world that we live in is changing at a very fast pace, yet we sometimes are stuck doing tasks or going about doing things the way the generations before us used to do, or worse, the way we are made to believe is correct. Not everything should or needs to go to court. We should learn how to settle or figure things out amicably with each other – although I cannot speak for all lawyers.
Question: I resigned last year but I still have not received any dues. Every time I visit a lawyer and tell them about my employment situation, they suggest that I file a lawsuit. Is this really necessary? I want to leave on good terms. What would you suggest?
Fajer: It depends what the legal argument is and what rights you are asking for, but more often than not, a negotiation may be more efficient in reaching better results without spending as much time and money. I would suggest you try talking to your previous employer first on your own. If this doesn’t work, you can show them a legal opinion or seek legal advice from a lawyer. You can always get a lawyer to speak to them first too. If nothing works, the law in Kuwait requires you to enter into negotiations at what we call the shuoon – the ministry of social affairs and labor.
Dismissing a lawsuit
Question: If I already filed a lawsuit and now want to forgive this person, how can I do it? Can I settle and get the lawsuit dismissed?
Fajer: This also depends on the case, but if it is a civil, employment or commercial case, you should be able to ask the court to dismiss the case. However, I would consider hiring a lawyer to do the process and ask them to have a settlement agreement – if necessary – drafted for both parties to sign.
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By Attorney Fajer Ahmed