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


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