And even if you do win a substantial judgment, it may be difficult to collect. In short, it's not unusual for a case to end with both sides out of pocket and the attorneys being the only winners. If your goal is to go to court to punish someone for what they have done to you, remember there is a good chance he or she will fight back and try to punish you. Mediate, Don't Litigate Litigation is trial by combat. Mediation, on the other hand, is much more likely to be a healing process.
Mediation focuses on ending a dispute by finding a solution both sides agree on.
By getting disputants working together to find a solution both can live with, it gets away from the idea that one side should win and the other lose. Instead, it presupposes that disputes almost always have a point of resolution that allows both sides to come away with their minimum needs being met. Remember that litigation is in many ways a process that is difficult to control. Or put another way, even undertaking a case which appears to be a sure winner carries with it risk that you won't achieve the desired result and may even end up facing a lawsuit filed by your opponent. If you do decide to go ahead, be prepared and willing to accept the possibility that you might lose.