Did you know that only about two percent of lawsuits go to trial? Most lawsuits are settled outside of Court. A big reason for this large disparity between cases settling and going to trial is that the outcome of a lawsuit is never guaranteed, even with the best of facts supporting your stance, so most parties agree that it is in their best interest to settle the case before trial. All parties to the litigation enter mediation knowing that there is a risk that the outcome in Court will not be in their favor. This risk is what encourages both parties to enter into mediation and attempt to settle the dispute before trial.

Mediation is a method for settling disputes outside of Court. Mediation is a confidential, and informal dispute resolution process. The Court will also order parties to a legal dispute to enter into mediation. A neutral third party, known as a mediator, assists the disputing parties in reaching a mutually acceptable resolution. Unlike litigation or arbitration, mediators do not render decisions on the issues in dispute. Instead, they facilitate communication, encouraging the parties to explore solutions, and assist them in coming to an agreement.

Most of the time the Court will award a money judgment or order specific performance. Mediation is a great opportunity to come to an agreement with the other party/parties to the lawsuit to agree to monetary terms, or non-monetary terms that you otherwise would not get in litigation, such as an agreement to have the other party agree to cease any further attempts to contact you.

One of the biggest issues you will face with mediation is your own attitude towards mediation. We as attorneys understand that these cases are personal to you. You have lived the case. You may want to go to trial based on the principle of the thing. When entering mediation, we often request our clients to take a step back from their emotions and view the case and view it from a financial aspect. When parties enter into mediation, both sides have had to spend money on attorneys’ fees and will likely spend at least another $30,000.00 to get the case through to the end of the trial. If the amount at issue is less than you are projected to spend in attorneys’ fees, it would likely be in your best interest to settle it before trial, as it is not a good financial decision to spend more on your case than you would be able to get a judgment for on your best day in Court. The decision of whether or not to accept an offer in mediation is up to you as the client. We always encourage our clients to have a starting number or terms in their mind and a bottom line of what he/she will accept. We cannot guarantee that you will be completely happy with the outcome of mediation, but you must weigh what is being offered with the risks and costs associated with moving forward with trial.

We at Vann Attorneys would be happy to discuss with you whether mediation may be in your best interest.