Do you realize that you might get a better result for yourself by using mediation than by winning a lawsuit?

The cost of getting to a trial decision can be significant.  After court costs and attorney fees are calculated, you may actually net more money by mediating.

You also keep more control.  In mediation you can agree with the other party on terms which are mutually beneficial.  That’s something a judge may not be able to do.  While you cannot force the other party to accept what you want, you can at least think outside the box and consider alternatives that the court or jury is prohibited from considering.  For example, a judge can decide who owns the house.  Perhaps it would be better to sell the house and split the proceeds so both sides get something.

Sometimes the thing you really want can’t be given to you by a judge or jury.  I have mediated many cases for feuding family members.  The judge decides who gets the money and how much of it. But most family members would rather have peace with their siblings.  Yes, they need a solution to the precise problem at hand—but they also want family harmony restored.  Judges and juries can’t give that, but mediation can address it–sometimes.

Before you file the lawsuit with the court, it may be worth a little time and money to see if a mediator can help get you what you really want—and spare you the lawsuit.