Litigation: The majority of legal disputes that arise are settled before the filing of a lawsuit and the vast majority of those disagreements that result in the filing of a lawsuit are settled without going to trial. This requires that your lawyer have abilities other than the ability to file a lawsuit. One of these is the skill needed to handle a dispute properly when it is in the pre-litigation state. Proper interviewing, fact gathering, and counseling are essential to a resolution. An efficient and economical solution of the Client's concern should be the primary goal of a lawyer Beautifully detailed lawyering is valueless unless it addresses itself to the Client's desired solution. Two alternatives to litigation that are responsive to these goals are mediation and arbitration. Mediation is a forum in which an neutral and impartial person, the mediator helps facilitate the communication between parties in order to promote reconciliation, settlement, or resolution between the parties. Arbitration means submitting the dispute to an independent person who will decide the outcome. Appeal can be expensive because if the appealing party loses they have previously agreed to pay the other party's attorney fees. Arbitration provides a quicker and less costly method of resolving disputes.

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2016, Patrick Mahoney This page may not be reproduced or duplicated, in whole or in part, without the express written permission of Patrick Mahoney. Updated - January 1, 2016