Buffington Law Firm's civil litigation attorneys often utilize formal Mediation as a tool to conclude business litigation, real estate litigation, or trust dispute cases. Mediation can be a very cost-effective and efficient way for our clients to achieve their objectives without the cost, stress, and uncertainty of trial.
Experienced business litigation attorneys know that most lawsuits settle. In California, the percentage of civil lawsuits that settle as opposed to going to trial and verdict is usually right around 96% in any given year. This may seem odd to some observers. After all, most plaintiffs believe in their case, or presumably they wouldn't have filed it. Most, or at least many, defendants believe themselves to be blameless - and indeed some of them are. Nonetheless, when a case is filed the odds are overwhelmingly in favor of the case settling rather than going to trial.
Formal mediation can be an effective tool in business, trust, and real estate litigation. In business litigation, Mediation is essentially a process in which the parties attempt to conclude a settlement of their lawsuit before the trial date without going to trial. In mediation the two sides agree on a mediator (often called a "neutral") who will attempt to stand between the two sides and help them settle their case. Usually a mediator will be a retired Judge, or in some cases an experienced attorney trained and experienced in mediation.
In many business litigation, real estate litigation, and trust dispute cases, in many circumstances it is more cost-effective to settle a case as opposed to taking the case all the way to trial and verdict. The factors that determine this decision are complex, and in this short Blog article I will try to present an overview of some of the factors that determine whether settlement is a good option in business litigation.