Search Site
Menu
Don’t Underestimate the Power of Mediation

When I recommend mediation to my clients, they often react with surprise, assuming the process will be nothing more than an expensive waste of time.  They believe that the inability of the parties to settle a case on their own with the assistance of competent counsel means that dedicating any time and resources to a formal process of voluntary dispute resolution, like mediation, is unlikely to be productive.  However, clients who forego this option often miss their best opportunity to resolve their case, and an opportunity for considerable time and cost savings when compared to continuing litigation to trial.  Mediation, provided it is facilitated by an effective mediator, is very often successful, even when the parties begin the day very far apart in terms of their settlement goals.

Why is mediation so effective?  Because mediation illustrates for the parties just how difficult it can be to convince a neutral third party that you should win your case.  Typically, the parties have not yet been required to convince anyone—except, arguably, the opposing party—that their position is the correct, or better supported one.  They don’t expect the other side to agree with them, and they are inherently skeptical or distrustful when the opposing party suggests there may be flaws in their interpretation of the facts or the law.  Mediators, however, have no vested interest in the dispute, and therefore, their evaluation of the claims is ostensibly neutral and unbiased.  When you couple that with the fact that most mediators are either attorneys with significant experience in the area of law involved in the dispute, or retired judges, their unbiased evaluation of the case, and of each party’s likelihood of success in court on various issues, carries far more weight and is instantly more credible than the opposing party’s presumably biased opinion.  Thus, if a credible, experienced mediator tells a party, who may have been convinced that his case was a strong one, that he, in fact, has little chance of succeeding on certain claims, it is often very effective in persuading such a party that it may be smarter to consider a compromise, rather than to staunchly stick to his position.  A mediator is particularly effective if he or she is able to convince both parties to the dispute that they ought be at least somewhat uncomfortable with their chances of success should they choose to proceed to trial, and to determine that it is far better for them to each give up something now, rather than risk the uncertainty of trial.  That discomfort can be a powerful incentive to settle the case.

For more information regarding mediation, and how to use it to your best advantage, please contact The Strong Firm, P.C.

Leave a Reply

Your email address will not be published. Required fields are marked *

Contact a Dedicated Texas Business Lawyer To Schedule a Consultation
Call 281-367-1222 or contact us online to schedule a meeting.

Strong In Action

  • Spring 2019

    The Strong Firm represents borrower in $42.3 million HUD construction loan for multifamily real estate development in Walton County, Florida.

    Read More
  • Spring 2019

    The Strong Firm acts as legal counsel for borrower in $32.1 million HUD construction loan for multifamily real estate development in Conroe, Texas.

    Read More
  • Spring 2019

    The Strong Firm aids borrower in $31.7 million HUD construction loan for multifamily real estate development in Nueces County, Texas.

    Read More
  • Spring 2019

    The Strong Firm represents borrower in the refinancing of a $3.57 million commercial mortgage-backed security for a commercial office facility in Montgomery County, Texas.

    Read More
  1. 1
  2. 2
  3. 3
  4. 4
  5. 5
  • Peer Rated 2019 Award

Recent Blog Posts

Legislation Authorizes Paid Sick Leave for Workers Suffering from Coronavirus

New legislation passed in response to the COVID-19 pandemic allows certain workers to receive paid sick leave even if their employer previously did not provide it. In March, the federal government enacted the Families First Coronavirus Response Act (FFCRA). This law assists employers that give their employees paid time off
Read More
Legislation Authorizes Paid Sick Leave for Workers Suffering from Coronavirus

Lenders Suspend Home Foreclosures Due to COVID-19, But What Happens Next?

Many large financial institutions are suspending foreclosures because of the massive economic damage caused by COVID-19. Some banks have stopped proceedings indefinitely. Others have set time limits for foreclosure suspensions such as 60 or 90 days. Even as health and financial issues remain uncertain, this is a good time for
Read More
Lenders Suspend Home Foreclosures Due to COVID-19, But What Happens Next?

How Can I Create Estate Planning Documents During the Pandemic?

Even in its first few weeks, the COVID-19 pandemic caused many people to examine or reassess what is most important to them. The need to prepare in case of an emergency or untimely death has been highlighted by the tragic losses occurring around the country. What can you do if
Read More
How Can I Create Estate Planning Documents During the Pandemic?

Complying with Corporate Annual Meeting Requirements during the COVID-19 Quarantine

How do you hold a corporate annual meeting when the entire country is in lockdown? On the surface, it might seem like a simple matter of using a favorite video conferencing tool and perhaps checking to see if it’s been hacked. Annual meetings for corporations are more than get-togethers. They
Read More
Complying with Corporate Annual Meeting Requirements during the COVID-19 Quarantine
  • Video Vault


    Watch videos done by our legal team to gain a better understanding of your legal needs. Our lawyers give video insight into areas such as Real Estate, Business Law, Mergers & Acquisitions and much more.

Pay Retainer Online

Use our easy-to-use and secure online payment feature.
We accept all major credit cards.

Pay Your Retainer

Contact us

Quick Contact Form