If your business or one you know (or an individual) is facing litigation, either because another party is threatening it, or because you feel you have a right to take action, what do you do first and where do you seek help?
It has been said that litigation is a game in which the court is the umpire. It is an area of law where the client needs to have great faith in the legal team because it comes at a cost. Many cases have been commenced by inexperienced and excitable legal practitioners who want to help. The client has come looking for legal help and too often legal help is sought unwittingly from the wrong firm or the wrong practitioner.
Lawyers are often stereotyped as being interested in prolonging an expensive Court action. More often the opposite is true.
Lawyers know that Court cases are expensive and that clients are fearful that legal costs could escalate to an intolerable level. Lawyers interested in preserving long standing relationships with their clients will often recommend alternative dispute resolution options - mediation being one.
Mediation allows parties to remain in control of their own disputes and outcome while facilitating parties to tell their side of the story to the other party and the mediator.