Won’t it be more expensive to have to hire both a lawyer and mediator?
More expensive than what? Than litigation? Remember that hiring your lawyer is not your only litigation expense. There are a whole lot of other people you will pay: paralegals, court reporters, messengers, expert witnesses, consulting experts, court filing fees, arbitrators, photocopiers, document processors, travel, special masters, etc. And here’s the kicker. Lawyers don’t settle all lawsuits in direct negotiations. They hire a mediator, usually late in the litigation. So in litigation, after all the discovery and the depositions and motions, and having racked-up all the pretrial legal fees, your lawyer is likely to hire a mediator to help settle the case just before trial. After all that, you wind up paying for both your lawyer and the mediator anyway. I don’t expect you to pay me in mediation fees what I hope you can save in litigation expenses. I can’t promise how much you will spend in mediation anymore than a lawyer can promise you how much you’ll pay in litigation. And there’s
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