As legal counsel or litigants who have legal representation, you know all about the high costs, lengthy delays, and risks in taking a case through to Trial, where a Judge will decide on one winner and one loser.

You know that legal fees and disbursements through to the conclusion of a Trial can involve spending $50,000.00, $100,000.00, $150,000.00, or much more.

You know that you can wait two to three years to get a Trial date.

And you know that there are no guarantees that you will win at Trial.  Indeed, if you lose, you will have spent all of your legal fees without hope of ever recovering them, and will face responsibility for paying costs to your adversary.  (Of course, appealing a Trial decision is always possible, but a further loss only compounds the issue of lost costs and exposure to the costs of the winning party.)

There are sound reasons to seek resolution through mediation – it is confidential, you have control, and you get certainty.  Because it is confidential, even if the parties cannot reach a settlement, nothing presented or said at the mediation impacts to their prejudice in the litigation if it must proceed.  Because the parties control the mediation, they avoid the restriction of Court rules, and are free to improvise and fashion their own resolution.  And, because the parties decide how they will compromise to get a settlement, they get certainty – no waiting for years for a Judge to make a decision which may go against them.