Are you thinking of
filing a lawsuit?

 
 

We seldom view litigation as the best alternative for resolving a legal dispute. Our experience has been that the courtroom doesn't provide an efficient forum for solving problems or resolving disputes.

Please do not misunderstand us. Some cases need to be tried and decided by judges and juries. But the fact is that over 98% of all lawsuits filed are settled before a final judgment is entered. To us, that means that a lot of lawsuits get filed that could have been resolved in a better fashion. So before we recommend the filing of a lawsuit, we listen; then, we explore whether other alternatives might work better.

We believe that in most cases the place to begin is direct negotiation with the other side and their lawyers. As experienced and trained negotiators, we have seen its benefits time and time again. Direct negotiation is efficient, and if handled properly, can yield the best solution to any dispute: the win-win scenario. The key is turning the exercise from an adversarial one to one of collaborative problem-solving, and we know how to do it.

If we conclude that direct negotiation won't work, or if direct negotiation fails, we might suggest facilitated negotiation. Facilitated negotiation involves the retention of a neutral third party, usually an experienced lawyer not involved in the case, to work directly with the parties and their lawyers to negotiate a resolution of the dispute. Our experience has been the facilitated negotiation can be very effective in generating an efficient solution to the problem.

If facilitated negotiation is not an option, or if it fails to produce the desired result, then mediation might be a good option. We view mediation as a voluntary process in which the parties make decisions together based on their understanding of their own views, each other's and the reality they face. Mediation is voluntary and non-binding unless an agreement is reached, and often gives the parties the opportunity to air and resolve their dispute while saving their relationship. The right mediator can work wonders in helping the parties resolve their dispute in a manner that permits their relationship to survive.

Finally, if mediation is not desirable or does not produce a resolution, then arbitration or even litigation may be the best way for you to resolve your problem. If we recommend either of these alternatives, we will refer you to the right lawyer at the right law firm for handling the particular matter at issue. Our expertise lies in negotiation, not litigation.

Over the years we have obtained excellent results for our clients using these alternative means of resolving disputes. We have a sophisticated understanding of negotiation theory and analysis, as well as mediation strategies and techniques. We use this knowledge to obtain the best possible solution to your problems, almost always without filing a lawsuit. Helping clients resolve a conflict without litigation is one of the best ways we know to add value.

 
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