In some cases, it may be appropriate for you to talk to the person who is suing you in an attempt to resolve the matter without having to pay for an attorney. You should also encourage your attorney to try to negotiate a resolution with opposing counsel prior to filing the suit. If these methods are not successful, you can explore mediation or arbitration. Mediation is a confidential process where a neutral party will attempt to get each party to see his or her own relative weakness, and who ultimately attempts to help the parties reach a compromise. Arbitration is a process where the parties hire an experienced attorney or other professional to hear the arguments of each side and make a decision outside of court.
Arbitration can either be binding, or non-binding.
These alternative methods can and should be explored at every step of the litigation. If all attempts to resolve the matter have proved unsuccessful, you be forced to move forward with litigation. Clients have told me that their lawsuit consumed them for years while it was pending. Without a doubt, it is an expensive and frustrating process. The client just wants to get into court to have his story heard, but the court probably wont hear the trial for two to four years.