Will Your Case Go Through Mediation Or To Trial?
Ideally, your personal injury claim, divorce or business dispute can be worked out through negotiations. However, this often does not work because of the inherent conflicts between opposing sides, as described below:
- After an accidental injury, the injured person will need compensation for injuries, lost wage replacement and, if possible, pain and suffering. The negligent party and/or their insurer, on the other hand, will naturally try to avoid paying more than necessary.
- In a business conflict, disputants often have much to gain or lose, including cash, fulfillment of contracts and salvageable business relationships.
- In a family law conflict, the outcome may have a great impact on the parties – possibly determining who will keep the house, who will have more parenting time and which spouse or parent may need to pay support to the other. Whether property or child custody is on the line, each spouse or parent typically believes passionately in their perceived rights.
Will it help to go before a judge and jury? Sometimes people imagine that a trial will offer the greatest chance at achieving justice in a personal injury case or divorce, but litigation brings with it many disadvantages. At Amethyst Law Group, we empathize with our clients. At the same time, we guide them along the most promising paths to fair outcomes. Mediation is often preferable to litigation for numerous reasons.
Pros And Cons Of Mediation
In mediation, opposing sides or “parties” meet with a neutral mediator. The mediator systematically takes the parties through aspects of their case point by point. The person or group on each side will have the opportunity to make their case. Expert witnesses and other outside input may be brought to light.
If the opposing parties reach an agreement, the mediator will create documentation of this for the court. Assuming it is a reasonable resolution, a judge is likely to approve of the mediated settlement. Disadvantages include the following:
- Acrimony between the parties may be too great for mediation to work well.
- A judge’s approval of the results of mediation is probable but not guaranteed.
- If mediation efforts break down, a trial may become necessary.
Our lawyers can help you determine whether mediation is a sound choice in your case.
When Disputing Sides Need A Judge To Decide
No matter whether mediation has been attempted, warring spouses, parents or parties in an injury case may be so far apart in their expectations that a judge or jury will need to settle the case. Opponents’ attorneys will file motions and counteractions, present evidence in a courtroom and fight for their respective clients’ interests. If necessary, lawyers on either side may bring appeals.
Litigation seems satisfying to many warring opponents, but disadvantages include the following:
- In a courtroom battle, conflicts can become entrenched.
- Private matters will become part of public court records.
- Judges and juries do not deeply understand the day-to-day realities of spouses, parents, injured people, family members or business owners.
- It is common for attorneys and/or clients on one or both sides to escalate disputes, dragging them out.
- Litigation is typically much more expensive, and costs can easily get out of control.
- The gains of the “winner” sometimes are not enough to outweigh legal and other costs.
Taking a dispute to court can become acrimonious in a hurry as each side fights for what they believe they deserve. Litigation can cause more problems than it solves.
How Amethyst Law Group Can Light The Way
With more than 30 combined years of experience, we are lawyers who focus on reaching resolutions quickly to reduce clients’ stress while protecting their rights. Just as the gemstone amethyst is healing and protective, we aim to guide our clients toward better futures.
Mediation is often the best way forward for our clients in personal injury, business and family law conflicts. Our team includes a Florida Supreme Court-certified civil mediator. We can mediate your case or advise you in a dispute handled by an outside mediator.
Speak with one or more of our attorneys about your legal conflict and discover the most appropriate path to a resolution: negotiations, mediation or litigation. Call Amethyst Law Group, LLC at 813-670-6027 or send an email inquiry to schedule a free consultation. Our services are available in Spanish, German, Farsi, Swedish and English.