Simple: either 1) they don’t understand the legal system, and how lawyers are trained; or 2) they truly feel their case is so strong that they don’t have to (they will either get the case dismissed so that there will be no trial, or they will simply wipe out their opponent at trial); or 3) the other side utterly refuses to mediate.
So, let me break those down.
Before doing so, let me give you just a little bit of background about me. I have handled literally thousands and thousands of cases, which have included a ton of civil litigation, bankruptcies, divorce and custody issues, criminal matters, and administrative matters.
In fact, I dare say I have handled more cases than just about any other attorney in the history of Utah (heck, I’ve handled over 1,800 bankruptcies alone). I have appeared in front of just about every court in Utah, including the Utah Court of Appeals and the Utah Supreme Court. I’ve also appeared in front of administrative and federal judges, too.
Further, I have trained over forty (40) attorneys, and given seminars to attorneys about how to negotiate for their clients, so that cases get resolved fairly and quickly. In other words, I have been around the block many times.
Remember, most cases settle. The question is when and how they settle. So, it really comes down to this: will you eventually settle because you are finally financially and emotionally wrecked (after months or years of litigation, and after you’ve gone through various attorneys)? Or, will you settle early on, and avoid all the drama and expense of the court system?
Read the rest of this article to learn the facts of why people should mediate on the Mediation & Arbitration page.