4 Signs Your Lawsuit Might be a Loser


4 Signs Your Lawsuit Might be a Loser…and How Mediation Might Save It

At a glance, the concept of mediation seems like the antithesis of everything we are taught to do as lawyers – vindicate our clients no matter what, zealously advocate, remain diligent, and seek to win. However, experience will tell you that procuring a complete victory through Court litigation is often unattainable – rarely does the Court award a litigant with 100% of what is sought.

Why?

  • ​​ Client has blind delirious rage and vindictive demands - Just because your neighbor stole your parking spot does not mean a Judge can order him to buy you a new car.

  • Client has unreasonable expectations - The Judge is not going to throw your husband in jail for being 20 minutes late returning the children.

  • Judge is bored (and not paying attention) - If the Judge is passing notes, staring at the ground, making “keep it moving” hand gestures, or outright sleeping, it means he/she is not listening.

  • Cost of litigation exceeds your award - Sure, the Judge awarded you $5,000, but you just spent $10,000 in attorneys’ fees fighting over it.

In contrast, mediation empowers the parties to control the outcome, by resolving their issues with creative solutions (not available to a Judge) that are uniquely tailored to each individual’s interests and needs.

In Mediation, if the parties agree to perform a jig dance, wearing banana leaves and mud, on the first Saturday of every May, then a settlement they have. Leaving your fate to a Judge, who does not have the authority to order mandatory dancing, result in a boilerplate award or an uncollectable judgment. You can’t dance to that.

As both an attorney and mediator, I enjoy the respite: Creative problem solving v. competing to win. Stepping to the side, giving the parties the power, and guiding them to a mutually agreeable settlement.

If you think Mediation is appropriate for your case, do not hesitate to contact Starkey Law, LLC, to schedule your first mediation session today. Our mediation areas of practice include:

Family Law - Divorce, Division of Assets, Spousal Support/Alimony, Child Custody/Child Support

Estate / Probate Law - Family Disputes, Will Contest

Personal Injury Law - Negotiate Claims, Fact Stipulations

Other Civil Disputes -Boundary Line Disputes, Neighbor Disputes, Breach of Contract, Collection

#Mediation #Litigation #Attorney #Lawyer #ADR #Settlement

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