When you’re involved in a legal case, the approach your attorney takes can vary greatly depending on whether you’re in litigation or mediation. Each phase has different strategies and goals, and understanding these differences can help you feel more confident throughout the process.
Litigation: Strengthening Your Case
During litigation, your attorney’s main focus is to make your position as strong as possible. In court, everything is about proving that you are right. Your lawyer will gather evidence, find the best legal arguments, and present your case in a way that convinces the judge or jury of your side’s strength. They will focus on the strongest parts of your case, whether it’s solid evidence, favorable legal precedents, or witness testimony, while also trying to counter the other party’s arguments.
The goal in litigation is to win. Your attorney is fully committed to defending your rights, showing the court why you should prevail, and minimizing any weaknesses in your case. Every decision made during this process is meant to make your case as compelling as possible to achieve a favorable judgment.
Mediation: A Shift in Focus
However, when you enter mediation, the strategy changes. Instead of focusing only on why you’re right, attorneys in mediation shift to a more balanced view. Mediation is about compromise and finding a solution that works for both sides. It’s here that your attorney will discuss the potential weaknesses of your case. This doesn’t mean your lawyer isn’t fighting for you anymore—it’s just a different strategy.
Mediation is designed to avoid the uncertainty and high costs of litigation by acknowledging where things could go wrong in court. Attorneys help clients evaluate the risks, such as what could happen if a judge or jury doesn’t rule in their favor. By considering these risks, clients are better positioned to make informed decisions about whether to settle or move forward in court. The goal is to protect you from the unpredictability of a trial by suggesting compromises that still meet your needs.
Don’t Be Alarmed: Your Lawyer is Still on Your Side
It’s natural to feel uneasy when your lawyer begins discussing the weaknesses in your case during mediation. But don’t be alarmed—this is all part of the strategy. Your attorney is still very much on your side, and they are not giving up. Instead, they are being smart by helping you evaluate both the strong and weak points of your case. This approach ensures that you have the best possible outcome, whether through a settlement or by preparing for trial.
Your lawyer’s goal is to help you avoid unnecessary risks and achieve a solution that works for you. In mediation, that might mean negotiating a fair compromise rather than risking a court ruling that could go against you.
The Risks of Litigation
Litigation comes with significant risks that every client should understand before choosing to go to trial. While your attorney will work to make your case as strong as possible, no outcome is guaranteed in court. Here are some common risks you should be aware of:
- Unpredictability: Judges and juries can be unpredictable, and even the strongest case can end in an unexpected outcome. You could win, lose, or end up with a result that doesn’t fully meet your expectations.
- Cost: Litigation is expensive. Between attorney fees, court costs, and other expenses, the costs can add up quickly. Even if you win, the legal fees might reduce the value of the outcome. If you lose, you might also have to pay the other side’s legal fees.
- Time-Consuming: Court cases can drag on for months or even years. The longer a case takes, the more it can disrupt your life, requiring time and energy to attend hearings and prepare for court.
- Emotional Stress: Reliving the case, dealing with delays, and the uncertainty of the final outcome can be emotionally draining. Litigation can put a strain on your mental and physical health.
- Public Exposure: Court cases are public, meaning that personal or sensitive details of your case could become part of the public record.
- Potential for Appeal: Even if you win, the other side can appeal, dragging the case on further and adding more costs and stress.
- Damaged Relationships: Litigation is adversarial and can permanently damage relationships, especially in cases involving family disputes or business partners.
- Unfavorable Precedent: If you lose, the court’s decision could set a legal precedent that might negatively affect future cases.
- Loss of Control: In court, the outcome is in the hands of the judge or jury. You lose the ability to negotiate or control the result once you’re in litigation.
Why Mediation Can Be a Better Option
Because of these risks, we often recommend considering mediation as an alternative to going to court. Mediation allows both sides to control the outcome, negotiate a fair settlement, and avoid the high costs, time, and stress associated with a trial. By understanding the potential weaknesses in your case, your attorney can help you find a solution that avoids the risks of litigation while still protecting your interests.
Ultimately, the decision between pursuing litigation or mediation depends on your specific situation, but having a lawyer who can guide you through both options ensures that you’re fully informed and prepared. Whether it’s by presenting a strong case in court or negotiating the best possible settlement in mediation, your attorney’s goal is always to get you the best outcome possible.
