Settlement

Sometimes clients are concerned that expressing an interest in exploring settlement will be perceived as a sign of weakness by the other side. My usual recommendation is that you put those concerns aside and make a good faith effort to settle the case.

The reason for this is because you control your own destiny when you settle. Trying cases is actually one of the aspects of my job that I thoroughly enjoy. However, there is no question that trying a case to a jury is a huge gamble. When you go to trial, you put your fate into the hands of twelve strangers off the street. Those twelve people would rather be just about anywhere else other than sitting through your trial. Jurors are often disgruntled with the parties for forcing them to take time off of their jobs and away from their families to decide the parties’ dispute for them.

The only way you can absolutely control the outcome of your case is by settling. Mediators often say that a good settlement means neither party comes away entirely happy, but they can live with the result.

You should also keep in mind that everything that is discussed in settlement negotiations is confidential and cannot be used against you at trial.

There really is no “down side” when you mediate a case, other than some mediation fees. However, these fees are negligible when you consider the cost of ongoing litigation. Even an unsuccessful mediation has an “up side” of learning what the other side feels are the strengths of its case.