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Litigation vs Mediation

Going to trial is a form of litigation, and it is a notion currently out of favour with most other lawyers. This is because it is undoubtedly expensive, has a long time-line, the results are unpredictable, and it is usually a traumatic experience for the client. Other forms of ending a case, such as mediation in the early stages, are encouraged or even obligatory. On the other hand, going to trial has some real advantages.

The reason litigation is so expensive is that it is an in-depth thoughtful analysis of all the important issues and evidence. Isn't that what you want, if you can afford it? Mediation is often cursory; issues could be missed, ignored, or poorly understood – to your disadvantage.

Mediation is touted as enabling the parties to arrive at their own creative solutions and therefore feel better than if they had a judge's decision imposed on them. Yet they arrive at those solutions based on saving time and money, or while under the influence of other pressures such as a power imbalance. They are not therefore always pleased with the outcome. Consider alternatively that when you give it your best shot in a trial, you have at least maintained your principles and integrity - regardless of what the judge decides.

I am an experienced litigator and negotiator, and a believer in settling cases by skillful negotiation. There is a difference between mediation and negotiation. Call me to discuss which would be best for your case.