The problem with litigation is losing. Litigation is always a gamble. No matter how sophisticated the parties and their respective lawyers no one can predict the outcome of a trial with any certainty.
Once you enter the courtroom all bets on the outcome are off. Your fate or that of your company now rests in the hands of the judge and perhaps a jury. They alone have control of the outcome.
Litigation is extremely time consuming and expensive whether you win or lose and the result is public, which can have a significant impact on your reputation. Victory can be tarnished. Allegations, whether proven or not often stick long after the proceedings come to end. And, the successful party never recovers the full amount it costs to obtain a judgment. Often the matter doesn’t end there and heads to appeal, another very costly and public process with no guarantee of success.
The good news is that every case has an appropriate settlement value. Mediation is the way to find it – in private. Mediation allows you and your counterparts to control the outcome, not someone who has no understanding, or appreciation let alone interest in your position. Unfortunately, winners and losers alike, who engage in litigation to the bitter end, only figure this out after enduring wasted time, effort and money. Know that it is always in your best interest to pursue a mediated solution, a mutually acceptable settlement of your dispute. Certainty of outcome, confidentiality of the result, reduced legal expenses and no risk of losing.
“An ounce of mediation is worth a pound of arbitration and a ton of litigation”
– Joseph Grynbaum
We all know all about the risks, the unpredictability of the outcome and the costs of legal proceedings. What we need to understand and appreciate is that settling is not losing and obtaining a judgment in your favor is not always winning.
Every dispute has an appropriate settlement value. Working with a mediator to find that value before you enter the courtroom is critical to controlling the outcome of your dispute. Trading hope for certainty through mediation is the better way to achieve fair and just results.
What I bring to the Mediation Process
“Discourage litigation. Persuade your neighbor to compromise whenever you can. Point out to them how the nominal winner is often the real loser – in fees, and expenses, and waste of time.”
– Abraham Lincoln
Once you decide to mediate your best choice in a mediator is one who is:
- Patient and persistent
- Impartial and objective
- Knowledgeable and understanding in both the subject matter of your dispute and the law, and
- Who doesn’t give up trying to help the parties reach a mutually acceptable solution to their disputes
The reality is that parties won’t settle unless they think it is their best interest to do so. I will always use my best efforts to facilitate a process that helps the parties achieve a mutually acceptable solution to their dispute. I do not take sides, judge people or tell them what to do. But, I am always prepared to provide a thorough evaluation of the strengths and weaknesses of your position, and discuss with you, the good and the bad aspects of your case, if that assists you in better understanding what is stake. In my experience, that technique communicated with impartiality and objectivity often helps the parties focus on the real issues in the dispute, overcome impasses and find a path that will lead to a successful settlement.
You’ll find more about my expertise and experience in my resume. I’ll tell you candidly that apart from learning the law and experiencing how it is applied in practice, it is the knowledge and understanding I developed over the years, about people, their behaviour and what motivates them, that I rely on to get the parties to “yes”. That knowledge, combined with the character traits I developed as a marathon runner, triathlete and sailor – endurance, perseverance, and the ability to keep my eye on the prize will help get you to the finish line too!