In recent years, many of our individual and small-business clients have had their civil litigation issues settled by way of private mediations, rather than trials.
Even when the parties use the courts to conduct discovery and engage in motions practice at the beginning of a case, the legal costs of mediation can be less than half of what a trial costs, and if successful, there is no threat of an appeal.
Mediation can also be confidential, a factor which is important especially to many small businesses and professionals.
The key to a successful mediation is preparation. Whether you are defending or prosecuting, as counsel for one of the parties, mediation is an opportunity to educate your opponent in person as to your mastery of key points of evidence and the law.
Kathryn Miller Goldman has been lead counsel in a number of successful mediations for our clients over the past two years. As plaintiffs’ counsel in some of those matters, she achieved hundreds of thousands of dollars in recoveries in 2006 in cases involving legal malpractice, commercial/contract disputes, and employment matters.
Legal malpractice cases are often very well-suited to mediation, both because of the confidentiality that can be built into the process, and because most of the mediators we have worked with are former judges who have a keen understanding of the technical issues that may be involved and of the importance of the case to the parties.
Inquiries to G&M regarding potential legal malpractice cases rose significantly in 2006. Many firms shy away from accepting such cases. We don’t. If you have a question about a potential legal malpractice case, call us. We will be happy to offer an initial free consultation and, if appropriate, help you bring the matter to a successful resolution.
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