The 5 Best Ways to De-Escalate a Situation
As a process server, serving papers to individuals can often lead to hostile and tense situations. This is especially true when serving papers to someone who may not want to be served or is actively trying to evade or intimidate you. De-escalation is a key skill that every process server should possess to help keep themselves safe while carrying out their duties. In this article, we will discuss five effective ways for a process server to de-escalate a hostile situation while attempting to serve papers to an upset or threatening party.
1. Remain Calm and Professional
The first and most important rule for a process server when dealing with a hostile party is to remain calm and professional. Regardless of the situation, maintaining a professional demeanor and remaining calm will help to prevent the situation from escalating. Keep a neutral tone of voice and avoid any aggressive or threatening behavior. Remember, the person you are serving may be feeling stressed or emotional, so try to remain understanding and empathetic while maintaining your own composure.
2. Use Effective Communication Techniques
Good communication is essential for de-escalating hostile situations. The process server should be able to articulate themselves clearly and avoid any confrontational language. Avoid using negative or accusatory language, instead use language that is respectful, empathetic, and focused on finding a solution to the situation. Listen actively to the other person's concerns and respond in a way that shows you understand their perspective.
3. Identify and Acknowledge the Other Person's Emotions
When someone is being served with papers, they may be feeling angry, frustrated, or upset. It is essential for the process server to recognize and acknowledge these emotions. Validate their feelings and let them know that you understand the situation is stressful for them. It can be helpful to use "I" statements and express empathy, such as "I understand that being served with papers can be difficult" or "I can see that this is upsetting for you."
4. Offer Options and Solutions
De-escalating a hostile situation often requires finding a mutually beneficial solution. The process server should explore different options that will enable them to serve the papers while also ensuring the safety of everyone involved. Consider offering to leave the papers with a third-party, such as a neighbor or family member, if the statutes permit. Alternatively, you might suggest arranging a time to meet the individual in a public place or at their attorney's office. Be creative in finding solutions that meet everyone's needs.
5. Be Prepared and Take Safety Precautions
Finally, it is essential for the process server to be prepared and take safety precautions when serving papers to someone who may be hostile or threatening. Be aware of your surroundings and avoid putting yourself in harm's way. If you feel unsafe, remove yourself from the situation and seek assistance from One Legal. It is also a good idea to have a backup plan in case the situation becomes volatile.
In conclusion, de-escalating a hostile situation while serving papers can be challenging. However, by remaining calm and professional, using effective communication techniques, acknowledging the other person's emotions, offering solutions, and taking safety precautions, a process server can successfully navigate difficult situations and ensure their own safety while carrying out their duties.
Contractor Safety -- the #1 Consideration
Process servers play a crucial role in the legal system by delivering important legal documents to individuals. However, the job of a process server can be dangerous, as you often encounter hostile and unpredictable individuals while carrying out your duties. Therefore, it is essential to prioritize safety in your preparations and actions when serving papers.
To ensure your safety, servers should take at least a few minutes to research the individual you are serving papers to and understand the potential risks involved. You should also wear protective gear if you feel comfortable and possibly carry self-defense tools if permitted by law. It is also important for process servers to be alert and aware of your surroundings at all times and have an escape plan in case things go wrong.
If a server feels that their safety is at risk, they should not hesitate to walk away and serve the papers later. However, you must communicate as many details as possible from the encounter to the One Legal, including the individual's name, address, and any relevant information and/or audio or video that provides details about their behavior. This ensures that appropriate steps can be taken to protect you and to ensure that the papers are served properly later.
In conclusion, safety should be the top priority for you when serving papers. By taking appropriate safety measures, being alert and aware of your surroundings, and having an escape plan, you can protect yourself from potential harm. However, if you don’t feel safe, you can always make the call to walk away and report the details of the encounter to the One Legal team as soon as possible.