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The below quotations will provide you
with the answer
“Discourage litigation. Persuade your neighbors to
compromise whenever you can. Point out to them how the
nominal winner is often the real loser, in fees, and
expenses, and waste of time. As a peace-maker the lawyer
has a superior opportunity of being a good person. There
will still be business enough.”(1)
"The existing judicial system is too costly; too
painful, too destructive, too inefficient for a truly
civilized people. . . . Reliance on the adversarial
process as the principal means of resolving conflicts is
a mistake that must be corrected. . . For some disputes,
trials will be the only means, but for many claims,
trial by adversarial contest must in time go the way of
the ancient trial by battle and blood."(2)
This sage advice was given by the 16th President of
the United States of America, Abraham Lincoln, a great
lawyer in his own right and by the Late Chief Justice of
the United States Supreme Court, Warren E. Burger. These
should be the watchwords for every dispute that comes
across an attorney’s desk, and as importantly, arises
before attorneys are even involved.
These quotes were of course at a time when the legal
system was not nearly as costly as it is today. Costs
have risen at alarming rates, courts force parties to
appear for numerous hearings, and the reason for all of
these expenses is to drive the neutral mediation and
settlement process.
Not only does mediation have the potential to save
the parties a great deal of money, but it also frees the
parties of the extremely emotional and sometimes
devastating effect of arduous depositions and a possible
trial. We know that even some lawyers become emotionally
involved in their client’s cases, and many times dread
the preparation for and process of trial. Mediation is a
step that may totally resolve your case, or at least
help you to come to resolution of some issues. In either
case, and even if no resolution is achieved, it at least
gives the parties and lawyers an opportunity to talk to
the other side and may even flesh out parts of the case
otherwise not possible. Mediation is a win for both
parties and inexpensive way to achieve your goals.
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