Can't afford litigation? Choose mediation instead.

Claire Holland: 

It is clear now that only the most wealthy persons, corporations, and governments can afford litigation in the United States today.  Court systems are cutting budgets, causing the use of mediation and arbitration to be necessary resources for the resolution of disputes.  It is for that reason I dedicated my efforts in the 1990's to offering skilled mediation and arbitration services.  Now it is even more necessary for those who recognize that their very economic survival depends upon a decision to resolve a dispute economically outside of the courtroom.

When you decide to mediate or arbitrate, always ask yourself  what you have to lose.  The answer is usually nothing.  Mediation allows you to understand the other party's case, to have a fresh perspective.  From the defense attorney's point of view, even more important than earning of fees is turning over and closing cases.  You can be a real hero to your client if you work the case to settlement quickly through mediation.  Saving businesses money gives you a happy client.  Working more cases to satisfactory conclusion through mediation can be just as lucrative as working fewer cases through the slog of the courthouse, and makes Jack and Jill Attorney much happier.

'Know what you want."  If you want to make new law, that is a task mediation cannot accomplish for you.  Litigation is the only method by which your client or you as the client can change the law or its interpretation.  Through litigation you can also demonstrate to the public and policy makers that an area of law needs change.

But, we as lawyers and mediators know how rare those cases are.  The best service we can offer our clients is to get them through their current conflict as peacefully, sanely, and profitably as possible.  We do them no favors leading them into a legal corner from which there is no exit -- absent a "shoot out."

If you, as a party or attorney, have any questions about the process of mediation, please contact me.  And click through the site, sending me feedback and ideas.   I will try to bring you the news and settlement ideas that I find helpful.