Mediation and Arbitration
Solutions without the Courtroom
A client’s view of their lawyer’s skill is normally associated with a courtroom. With the majority of cases, around 92%, settling without ever setting foot into a courtroom, modern lawyers have become much more important to their clients outside of court.
Where direct negotiation was historically how settlements were born, today parties are using 3rd party mediators/arbitrators to ensure that both sides can air their disputes in a fair and constructive environment.
Some of the benefits to using Alternative Dispute Resolution include:
- Both Sides Benefit: Trials are usually all or nothing solutions. In a mediation, the outcome is likely to provide some value for each participant.
- Reduced Expenses: The cost of going to trial can be very expensive. Cases that use mediation normally provide a faster resolution than going to court.
- Cases and Solutions come quicker**:** Parties involved in full on litigation will normally find that not only is a full on trial a drain on their bank account, but that litigation takes up a large amount of a client’s time. With ADR, a client is able to get back to their life faster and save money doing it.
- **** Judge’s Concern over Settlement Efforts**: **Most judges expect parties to a lawsuit to put time and effort into trying to settle their dispute. Some judges go so far as to withhold the scheduling of a trial until mediation has occurred. Some judges a reluctant to get involved in settlement talks, but do expect each side’s attorneys to make serious efforts to try and reach a settlement.
