The litigation settlement process tends to drive both parties further apart, creating difficulty in approaching a settlement. Common sense would dictate that an early discussion in the resolution of the case may lead to an earlier settlement. It would also make the client more satisfied, rather than having to go through a long drawn court battle.
In most cases, the strengths and weaknesses of both sides are known after there has been an exchange of documents and the depositions of both parties have been taken. This is the time when most of the relevant information is known, but only a fraction of the costs of going to trial has been spent. This is the important point where you, as a client, should think about the economics of a long case, and the benefits of settlement.
Ask your lawyer about the options in the litigation process that might affect the result, cost, speed of resolution, and emotional impact on you. Your attorney must be familiar with the various types of alternative dispute resolution. The most important of these are:
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Mediation: It is a confidential process. A mediator guides the parties in reaching a mutually-acceptable agreement. The mediator is a trained and experienced professional in these matters. Your lawyer should have a negotiating strategy. He should have all necessary documents. If agreement is not reached, the parties can proceed with arbitration or litigation. Most cases can be resolved by this method.
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Arbitration: In its binding form, it settles the dispute promptly. It can be more economical than court litigation. The proceedings are private.
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