Why Should I Try To Settle My Case?
Limited Scope Representation for Mediation
What if Mediation Fails?
Why Should I Try To Settle My Case?
Sometimes parties need the help of a third person to settle a case. Mediation is a process involving a neutral third person who assists the parties in resolving disputes outside of the judicial system. It is beneficial to do the hard work of trying to come to some agreement and to compromise because it is a good way to narrow down the areas of disagreement, which helps in trial preparation. The courts often require that parties at least attempt to mediate their differences.
The benefits of a mediated settlement are threefold: One—it costs less in litigation fees to settle legal disputes; two— in most instances parties will be in ongoing contact with one another and if both parties can create their own settlement, then the parties are more likely to work together in the future; and, three—by not deciding important issues together the parties give up the right to make decisions and the court may issue a decision that neither of the parties likes.
Limited Scope Representation for Mediation
You may elect to retain counsel for the sole purpose of assisting you in the mediation process. We may help you organize materials for mediation or we may assist you in outlining the issues or by drafting a mediation brief to present to the mediator. We are also available to attend the mediation with you.
What if Mediation Fails?
If mediation fails to settle the issues, then the parties may proceed directly to trial. One of the benefits of retaining an experienced trial attorney to handle your complete legal matter is that we prepare our files on two tracks simultaneously. We prepare a file for settlement and we also do initial preparation for trial. If parties fail to settle, then we only have the final trial work to complete. Planning in the alternative creates a situation where we have the documentation and the evidence to encourage settlements.
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