Originally from Dispute Resolution Journal

Preview Page

When a client walks into a lawyer’s office and
begins to recount seemingly endless details of
a legal problem, the lawyer usually begins
mediation preparation. Ten years ago, the lawyer may
have set aside much of that information and transformed
the “relevant” portions into an intricate web of legal
claims and defenses. Today, a lawyer familiar with the
mediation process will carefully note and discuss the
client’s interests and needs and may approach resolution
of the problem from a different angle.

Lawyers are there to solve problems. Traditionally,
lawyers have filed lawsuits as the expected mode of dispute
resolution. However, lawyers and clients have
learned that litigation often escalates emotions, increases
costs, confuses the dispute, and delays resolution of the
problem. Further, litigation almost always results in a win
for one side and a loss for the other. Mediation, in comparison,
is less expensive, significantly faster, and provides
a solution that both sides agree upon. As a result, mediation
has become an increasingly attractive method of
resolving disputes.