WHY MEDIATION ?
By Steve Lamb , Vogel Law Firm
Who , what , when , where , how , and why ? The key lead words perpetuating most of my depositions . Then , with initial discovery done , and some to most depositions done , and left with perpetuating perpetuation , what is the next step ? Why , it ' s mediation . Who , what , when , where , how , why mediation ; it could be a series of stories , each question word addressed individually . These simple questions provide inquisition into the factual elements that , once essentially agreed , make it possible to render a more universal representation of an incident , event , interest , situation , context , and much , much more : more money . The following is my take on mediation from a civil tort litigator , who is turning civil mediator . Feel free to question me .
Today , the question word is why . Why mediation ? Mediation should be pursued to end the perpetuation and end the litigation . The dispute , yeah , that will never end . But it won ’ t end with endless litigation or a trial either . Mediation lets the parties themselves move on from the dispute . Zealous representation is tested and hopefully is put to rest , calmed , and soothed . The client ’ s wishes and concerns , and anxieties and principals , can all be addressed , discussed , and exposed to the client themselves and to the opposition through the presence of the third party mediator .
Why mediation ? The easy answer is resolution . What does resolution do ? Resolution should end the litigation . But were you zealous enough ? Did you win for your client ? Winning in mediation comes in many forms . As we all are aware , litigation has many costs . The costs include the money it takes to navigate through the litigation . The costs of discovery , of depositions , of travel , of experts , and , of course , the costs of us lawyers . The costs include the time spent by the lawyers , the time occupied by the clients . Time to do the depositions , do the interrogatories , and to review emails , texts , and progress notes .
All costs . The costs that can weigh on the emotions and stresses of the clients , not to mention the lawyers . All costs of perpetuation of disputes . Winning can be the avoidance of such ongoing costs .
Winning the verdict at trial is little different than the settlement verdict at mediation , other than all the costs listed previously are exponentially intensified by the endless preparation and then choreographed attendance and presentation at trial . Winning the verdict at trial is little different than the settlement verdict at mediation , other than an unknown third party ( or parties ) making the decision on your behalf . Winning the verdict at trial is little different than the settlement verdict at mediation , other than the possibility of ongoing litigation in the form of appeals to the next level of more costs and more decisions by strangers to the dispute . Winning the verdict at trial is little different than the settlement verdict at mediation , other than more money , more time , more anxiety , and more emotions . And no money , no resolution to show for it .
It is likely a client wants compensation in money or services . During my career of more than 30 years of personal injury and construction litigation , the parties are , in the end , in a dispute over money . It is the overwhelming universal remedy of litigation . A dispute in this world of litigation normally comes down to : Who pays and when ? As a plaintiff , the client wants to get paid . So too the lawyer . And as a defendant , the client wants to avoid ongoing costs , which payment in the form of a settlement can save substantial money in the long run . Save , especially in the long run of ever-increasing disputed discovery and motion forays . For an insurance adjuster , it is another closed file . A closed file in the endless avalanche of open files stacking up and requiring recurring costs . Mediation – for the cost of a few thousand dollars - resolves these costs . That ’ s why .
12 THE GAVEL