PROCEED WITH CAUTION: Earlier I said I will talk about mediation. Mediation is one type of alternative dispute resolution (ADR), which involves employing a neutral third-party to facilitate a dialogue between you and your adversary with a goal of mutually working toward a settlement of your dispute out of court. You can resort to mediation at any time before and after a lawsuit is filed in court. Once you and your opponent have resolved your dispute via a settlement agreement, then there is simply no more reason for the court to get involved. Everyone can agree that resolving matters out of court is of paramount importance to our courts which are operating in a "crisis mode." Mediation, I think, is a controversial issue to the extent that it is an alternative to the certain-to-be-anguished throes of litigation. Most law firms that handle litigation cases follow what is so-called billable hour model which creates a potential conflict between you (the client) and the firm as it is in your best interest as a client to work efficiently and resolve litigation quickly. Undoubtedly, you want to resolve your matter quickly not only to minimize the cost of litigation, but also candidly to take the "angst" completely out of your threatened existence. However, with the billable hour arrangement, the opposite is true for your hired law firm. You are probably in litigation because other solutions failed. All efforts of communication with your adversary have failed. But hopeless it is not. It is important from the outset that you, as the litigant, are clear about your goal. If your case is something you really do not want to settle and you want to protract your case for as long as possible, then hone in on litigating. But if your goal is to resolve your case quickly, then be sure that you express to and explore that avenue with your lawyer. Keep in mind that every lawyer is a problem solver - he gives you the solutions and your options. But you, as the client, make the decision. Most importantly, your GOAL and whatever is of VALUE to you should always drive your decisions. If quick resolution is your end goal - via mediation, for example - then choose that course of action. There are many benefits of mediation over litigation, and you can find out more at the link below if you should need one. adrservices.org/mediation.php
Posted on: Sun, 14 Jul 2013 07:53:39 +0000
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