Why Mediation

CLIENT

Imagine the anxiety surrounding preparing your case for trial before a judge or a jury. You have chosen your lawyer who has served the legal papers on your opponent. You have sat for your deposition ( the testimony that you have given under oath in the lawyer's office that covers not only how the incident happened and its effects on you and who is at fault, but also testimony about some of the effect of the incident on your personal life). The Courthouse has set a date for your trial. Your lawyer has reviewed with you the probable questions that your opponent's lawyer will ask you at the deposition and at the trial, and what presumably each witness will say. Also your lawyer has given you his or her opinion of the likelihood of success in the outcome of the trial. In addition your lawyer has told you that he or she can not guarantee what the judge or jury will decide.

You may win your case.

If you win, the amount awarded to you could be substantial or not. Also, if you win your opponent may or may not decide to take an appeal of the decision to the Appellate Court. Of course, if you lose you will not receive any money from the judge or jury in compensation for your claim, and in that event you must decide whether to take an appeal to the Appellate Court. The expense of taking an Appeal is not insignificant.

Why mediation?

The answer emerges from the uncertainty and expense of the litigation process. In mediation each party gets the opportunity to 1) express his or her opinion of the value of the claims being asserted; 2) review with the mediator the strengths and weaknesses of the case; and 3) to participate in a dialogue with the opponent or his or her lawyer about how the dispute should be resolved, and if the resolution should include money damages, what would be a reasonable amount. Of course, this dialogue takes place in a controlled, dignified environment, managed and presided over by the mediator. In mediation the parties control the outcome of the case, and, if the matter is resolved, the parties' decision is final. There is no appeal.

ATTORNEY

Jones Mediation (JM) invites opposing parties, through their attorneys, or directly if they represent themselves, to provide a statement of facts and a proposed disposition. In addition to thoroughly reviewing each party's position and proposed disposition, JM conducts its own legal research relative to the matter and in a confidential session with each side provides its opinion on the strength and challenges inherent in each position. JM then directly engages the parties in reviewing their claims and arguments with a view toward uncovering the innermost basis of the conflict for resolution. Trial attorneys' evaluations of Clarance Jones' evaluations of his performance as a trial judge, overwhelmingly described him as knowing the law and procedure, and, having model judicial temperament, conducting trials that were fair to both sides of a controversy. JM looks forward to assisting you in resolving your matter in a dignified, courteous and efficient manner.

Prior to Filing Suit

An exchange of demands by the client's attorney, accompanied by relevant documents, if available, sometimes results in a settlement that avoids litigation. If the matter is not resolved by counsel, savings in terms of litigation expense (court filing fees, trial preparation, including discovery, the trial itself, and post-trial proceedings) as well as time, suggest that the parties' attorneys should consider resolving the case by using mediation prior to filing suit.

After suit is filed

It is often reported that ninety-five percent of cases is resolved by settlement at some point in the process of litigation. Using mediation prior to significant trial preparation has the advantage of promoting an opportunity for the parties and their counsel to review the strengths and challenges of their case with the mediator, as an experienced former trial judge, and to participate in a dialogue with the mediator as to what would be a reasonable resolution. These advantages also exist after significant trial preparation inasmuch as they may mitigate the expense of full litigation.