I hate to share this TRUTH because it will probably upset all of my Lawyer friends ... but having spent 25 years in the field of law settling insurance claims out of court for both insurance companies and private attorneys ... I feel the need to expose a major flaw in the system. The practice of law in its current form is ancient and primitive ... employing the adversarial system of two lawyers sparring before a judge and jury ... going to great expense and ugly extremes to win ... with little regard to the concept of Justice. Its all about winning ... and if you can win the release of a deadly criminal back onto the streets ... or beat someone out of a rightful claim to compensation ... or win at some other injustice ... you are a winner none the less ... and you will make a fortune because everyone wants to hire a winner. Because of this absurdity I see the profession of law as a Dinosaur ... and one of the things that makes a Dinosaur nervous is the sighting of a Mammal ... and in this case of the Dinosaur known as the legal profession ... the Mammal making it nervous is the MEDIATOR! I once tried my hand at Mediation to test the new Mammal and found it a delightful and advanced method of obtaining Justice ... quickly, quietly, out of court ... both disputants leaving the mediation on good terms ... and with a smile ... the dispute having been resolved in one meeting ... saving them thousands of dollars or more in legal fees in addition to months of worry and stress over a dispute that somehow drags on for ages. The Mediator is a person skilled in diplomacy ... trained in the fine art of bringing disputants into a happy, win-win agreement ... in the shortest possible time. There is no adversary to argue with the neutral Mediator. The adversarial tactics of the lawyers dont come into play in mediation ... and this makes a huge difference in the result. In my first mediation a married couple wanted to divide their assets and get a cheap divorce. They came into my office and within an hour I had them walking out the door ... holding hands ... back in love. I made $75.00 and learned something priceless. Whereas divorce Lawyers arent motivated to do what I did as a Mediator ... or they would never make big bucks ... which sometimes they share with their buddy ... the Judge. Nope ... divorce Lawyers are taught to keep the disputants apart ... and the flames of the dispute are seldom extinguished ... but rather fanned to ever growing heights ... because of the adversarial system ... if not for the profit motive alone. In every mediation I attended the dispute was resolved in one session and the disputants walked out with a win-win result ... their nest eggs intact. Therefore ... hiring a Mediator to resolve your dispute ... prior to consulting a Lawyer ... is what I would recommend to anyone. I love my Lawyer buddies ... but just sayin ... I believe the Truth will set us Free! With kindest regards, Your friendly Mammal
Posted on: Mon, 05 Jan 2015 22:23:10 +0000