Pre-Suit Mediation

Posted on November 29, 2012 · Posted in Mediation

Controversies exist and sometimes are avoidable. That does not mean that you have to rush to court to resolve them. There is an alternative, and its called pre-suit mediation. In that setting the parties focus on resolving the issues or the entire controversy prior to or instead of going to court. The advantages are obvious. Instead of focusing assets on court, with the resulting mistrust, animosity and time and resources dedicated to fighting, the parties enter into the confidential arena of mediation, where they are free to take a step back, and discuss a resolution. Because the settings are informal, the process is less conflictive, and more condusive to resolving some or all of the issues. The parties can employ their attorneys, advisors, accountants and other individuals who can provide input into the process. By saving resources, the parties have more funds available to resolve the underlying dispute, instead of on the mounting cost of litigation. If a full resolution is not reached, at a minimum, the parties are able to narrow the issues, understand the weakness and strength or their and their adversaries case thereby focusing the litigation on the necessary issues.