How to reconcile the forecasts held by plaintiffs and defendants in litigation.

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It is uncertain what path hurricanes will take, how strong they may become, what areas will be impacted and what damage may result.   There are countless forecasts trying to predict exactly what will happen; however, only time will tell.   Trying to predict the path of hurricanes is a lot like trying to predict the outcome of a lawsuit. There are always a wide variety of estimates and disagreement over what a court might ultimately decide to award and it is such disagreement that leads people to file and foolishly pursue so many lawsuits in the first place. Plaintiffs overestimate what they think they can get and defendants underestimate their liability and exposure. Only time will tell.   Here are a couple of litigation facts and forecasts that you can rely upon with a reasonable degree of certainty; 1) in over 95% of lawsuits, the courts do not decide the case and 2) you should prepare to spend between $40,000 to $122,000 in legal fees and costs to go the distance for that 5% or less chance to get to trial.

Unlike hurricanes, you can control the path and outcome of lawsuits and disputes.

Unlike hurricanes, you can control the path and outcome of lawsuits.   You don’t have to wait and see what a court will do and you don’t have to rely on attorneys to try to extract information from a hostile adversary to determine what path to take.  Instead, you can ask the court to gather up all the parties in a room to confidentially discuss and try to work out a settlement under the direction of a trained mediator.   Mediators are neutral and are specially trained to look at all sides of a dispute. Mediators can then help to resolve and reconcile all the various opinions and interests. Mediators gather information, separate facts from fiction and help put everyone into a calmer, more informed mindset to make decisions. LEARN MORE.

Show your support of less litigation and more private resolution of conflicts and disputes.

Up to this point, mediation has remained largely a court-annexed process, meaning that lawyers and judges tend to decide if and when people mediate.  We think people should be able to decide for themselves.   If you agree, please comment and let us know. Visit our website, subscribe to our blog and follow us on Twitter.

 

Use mediators to escalate conflicts up to the point where everyone can make informed decisions.

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Mediation is designed to bring people together, and keep them together long enough to engage in a meaningful discussion that is designed to escalate conflicts up to the point where informed decisions can and will be made faster on how to resolve the conflict privately out of court.

It’s never premature to ask the tough the questions.

Procrastination won’t solve lawsuits and disputes and, in most cases, neither will lawyers and judges.  More than 95% of all cases are settled out of court by a private negotiation. Mediators are often hired to quarterback these settlement negotiations.  They know how to ask everyone the tough questions to help lead both sides to gain a much clearer and faster understanding of opposing views and interests.

The goal of mediators is to restore communications and bring everyone to a point where they are able to make a decision.    A good mediator will review in detail, both the strengths and weaknesses of all sides to a case make sure everyone understand what outcomes are possible or impossible in court.  A good mediator should help formulate and present at least one or more out of court settlement proposals.   Done right, people leave mediation with no doubt that they accomplished more during a few hours in mediation than they could otherwise accomplish fighting for months if not years in an adversarial lawsuit.

You can choose the short route or the long and winding road. 

People naively believe that, once an agreement is broken, all communications must cease and everyone should now wait and rely on lawyers and judges to tell them when to speak, what to say and exactly how to say it.   However, you don’t have to wait.  Time is money. Cut to the chase.  Mediation enables everyone speak confidentially and to say exactly what they want and why.

Litigation is the long and winding road, a round-about way to get to the point. Mediation, on the other hand, is a short, focused, legally enforceable private conversation and negotiation that you can order at any time.  Mediation conferences are regularly conducted by trained professionals who are legally required to remain neutral and unbiased and to provide everyone with a fair, flexible, confidential opportunity to speak and be heard. Good mediators are proactive, creative, problem solvers and statistics show that most disputes that are mediated are settled at mediation.  READ MORE.   Even if your case is not settled at mediation, you’ll be a lot closer.   You should leave with a clear understanding what’s  possible, what’s  reasonable what to do next to move closer to an agreement.