Suing someone is not a lot of fun. Being sued is even worse. The courts were invented for the resolution of disputes. It is often said that courts are a method of last resort. This means that everything else has been tried to resolve the dispute and nothing has worked. The progression works something like this. One party will threaten the other one, letting him know if the other person doesn’t give in, a lawsuit will be filed. Sometimes this is enough to resolve the matter. But often, it makes the other person recalcitrant. If the matter doesn’t resolve, a lawyer is usually retained to try to resolve the matter. Often this is a self serving letter demanding everything the plaintiff is looking for. After receipt of such a letter, the other person retains their own lawyer. Threatening letters are exchanged and a lawsuit is filed. That lawsuit is met with a counter suit. Sound familiar?
Well, one often over-looked dispute resolution mechanism is mediation. Do you know when mediation works best? When the parties have become tired of litigation. Besides the great cost of litigation, it is emotionally draining and can take forever. Even if you have a great case, there are so many unknown variables. Remember that a “fact” is nothing more than what the person or persons deciding the matter chooses to believe. Was the light green, or what it red? Who is to be believed? And remember, with every litigation case, there are two issues. Liability, meaning who is responsible and then damages: how much money are you entitled to for the alleged harm suffered. A lot of things can go wrong with your case.
The great thing about mediation is that a good mediator will have ways to resolve the most difficult of cases. Good mediators work well with recalcitrant parties and can provide a fresh perspective on getting the case settled. As long as both parties come to the mediation with the desire to settle the matter, mediation should be beneficial.
If you have invested the time, effort and money in litigation, don’t you owe it to yourself to try mediation? Call United Mediation Services today.
For more information, please call 661-257-8877.