Civil lawsuits involving commercial and business disputes are awesome creatures. Each phase presents its own set of issues. If each phase of the lawsuit is hotly contested, then the time and expense involved can indeed become astronomical and, in many cases, too onerous a burden for the small to medium business. Most trial lawyers have come to realize that they may actually be doing their client a disservice by either pulling the litigation trigger or by urging an all out defense to litigation brought against their client. Certainly, our Litigation Department encourages our clients to consider alternatives other than formal litigation in almost every situation.
Mediation is first on the list of alternatives to consider.
Even if the dispute falls into the relatively small minority of disputes that are mediated but not resolved, the attempted mediation may provide many immediate benefits. Often, the critical facts and real issues can be uncovered in mediation much more quickly and less expensively than through traditional methods used in the pleading and discovery phases of a lawsuit. Areas of agreement can help eliminate the list of potential issues in the following litigation and reduce the time and expense. Mediation provides the ideal forum to reflect upon the real-world consequences of proceeding with a lawsuit such as the potential costs and risks. Most important, it gives you the opportunity to actively participate in the process and then be able to make a considered and voluntary choice to proceed with the litigation option if you can't reach a settlement.