Final answer:
Before starting a civil claim, negotiations can include discussions on settlement, terms of agreement, and potentially avoiding litigation. Pre-litigation discussions and continued efforts to settle are common, and the right to a jury trial, as per the Seventh Amendment, can be waived for a bench trial. In employment, negotiations on job offers address start dates, salary, company policies, and preliminary requirements.
Step-by-step explanation:
Types of negotiations that can take place before starting a civil claim include pre-litigation discussions which might involve attempts to settle by agreeing on compensation, setting terms for a potential settlement agreement, and negotiating conditions that might prevent a court case altogether. Often, these negotiations aim to avoid the costs and uncertainties of litigation, with parties trying to come to a resolution that is acceptable to all involved.
Should the case still proceed to court, the Seventh Amendment does guarantee the right to a jury in civil cases, though it is not absolute. Parties can waive this right, leading to a bench trial decided by a judge. This right also does not usually extend to small claims courts or when issues involve small sums of money.
Here, a judge may resolve the dispute alone. Additionally, negotiations might continue even after a civil lawsuit has been filed in the form of talks that may lead to a settlement before the case goes to trial.
Moreover, discussions before employment, such as those for job offers, can include various negotiations. These might include confirming the starting dates, salary negotiation, understanding the company policies on dress code, parking, security protocols, and any necessary training or paperwork needed before the commencement of work.