781.708.4445

wmlevine@levinedisputeresolution.com

Divorce Mediation Blog

Litigation Attorneys and Mediation

Monday, November 12, 2012

As our practice develops, more of it seems devoted to lawyer-attended mediations, arbitrations and hybrids. When clients come to us with their counsel it is most often after the parties have experienced some litigation, and its attendant costs, delays and confrontations. They are either in the phase where the case has been pre-tried by the court and sits in the long queue for trial; or before the pre-trial conference itself. Occasionally, the case is in an earlier stage.

Why would litigation attorneys encourage or participate in mediation at any of these stages of litigation? It might seem to run counter to their own economic interest, and it involves relaxing some measure of control, something lawyers are loath to do. One reason is that some clients insist upon it, having heard from others that it may be an effective way of shortening what feels like an interminable process. Another is the wear and tear that increasing costs and the lack of any assured containment within the public court process imposes on lawyers and clients alike.

But, we find that the most common reason is that every week, more lawyers are realizing that it works! The lawyers themselves realize that they do retain a good measure of influence in this process. They see and experience that the mediation is fairly run; that everyone has their “say”; and, that in the end, no one is forced to do anything. Counsel also realizes that it is better to be paid fully for a process that bring early closure, than to run up an often uncollectible bill from a client after a long trial. Clients in the end are happier, and thus, more inclined to refer new clients to the mediation-friendly lawyer.

Mediators who do not welcome litigation counsel are cutting off a valuable source of business. Lawyers who refuse to mediate are short-selling their clients. The meeting of the two is good for all, especially the clients.



Get e-mail notifications of new blog posts! Enter email address below.:



Delivered by FeedBurner

other articles


recent posts


tags

Matrimonial Arbitration Massachusetts divorce lawyers family law family support medical benefits annulment Alimony Reform Act Massachusetts Alimony Reform Act dispute resolution Massachusetts alimony divorce arbitrators Baseball LDRC how baseball arbitration works disputes private dispute resolution Massachusetts divorce mediators Massachusetts separation Divorce Agreements mediations divorce arbitrator resolve disputes alimony reform legislation traditional negotiations Levine Dispute Resolutions mediation med/arb alimony law The Seven Sins of Alimony Boston med-arb divorce mediators Chouteau Levine Act Reforming Alimony in the Commonwealth family mediation family law arbitrator lawyers IRC §2704 divorce mediator Cohabitation divorce judgment Massachusetts Lawyers Weekly child support family and probate law disputes arbitrator arbitrators divorce litigation high-risk methodology Baseball Players alimony support orders Levine Dispute Resolution Center LLC fraud lawyer self-adjusting alimony General term alimony divorce process divorced family law arbitrators special master litigation Levine Dispute Resolution divorce agreement divorce lawyers alimony orders mediators conciliation facilitated negotiations DOMA health coverage rehabilitative alimony COLA Family Law Arbitration Defense of Marriage Act Same Sex Marriage divorce and family law mediators family law mediation Uniform Arbitration Act alimony statute Self-adjusting alimony orders divorce arbitration pre-ARA alimony mediator arbitration lawyer-attended mediation Massachusetts alimony and child support health insurance Divorce Baseball Arbitration MLB labor agreement Massachusetts lawyers SJC Child Support Guidelines divorce mediations Obamacare divorce mediation Levine Dispute Resolution Center Major League Baseball Arbitration divorce and family law