How To Avoid A Lawsuit & Legal Expenses

  • June 23, 2022
  • 2 min read

Mediation of an ongoing conflict can be a tremendous way to avoid a lot of expense, headache, drama, and anxiety. But first, you have to get into the mediation, and if you’re an attorney, you have to get your client into the mediation. How do you do this?

Shifting Perspectives: From Obligation to Opportunity
One of the biggest obstacles to getting people to mediation is the feeling of obligation or punishment associated with it. Reframing and looking at mediation as an opportunity rather than a requirement can make a world of difference. When people perceive mediation as something they “get to do” instead of something they “have to do,” their mindset shifts positively.

Mediation’s Unique Advantages
Mediation offers substantial benefits to all parties involved. It’s a private process that avoids costs, publicity, and dramatic conflicts that typically arise in other forms of negotiation. Unlike settlement negotiations, where two different parties or attorneys may engage in combat, mediation involves a neutral third party. This neutrality helps de-escalate tensions and acts as an intermediary, offering a distinct advantage.

Choosing Comfort Over Court
While mediation might seem inconvenient or annoying, in many cases, it’s the key difference between enduring a lengthy, arduous litigation process and finding a more comfortable resolution. Rather than feeling compelled to have your day in court, consider that this route might cost you more time, aggravation, and money than allowing a mediator to achieve similar results through a more neutral and de-escalated process.

Freedom in Mediation
Look at mediation not as an obligation but as a chance to resolve conflicts more comfortably. Instead of feeling like you “have to do it,” recognize that you “get to do it.” This shift in perception can be transformative in how mediation is approached and ultimately embraced by all parties involved.

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