Fast Track Mediation

Fast Track Mediation

As the name implies, fast track mediation is the process by which legal disputes are mediated either prior to litigation or at the very beginning of litigation. All parties to potential litigation or to litigation benefit from fast track mediation:

Advantages to the Plaintiff and Defense.

The Plaintiff:
Regardless of the fee arrangement with counsel whether on an hourly basis or contingency, the emotional toll upon any litigant and the expenditure of time and effort to bring a legal dispute to litigation is at times overwhelming. Being able to understand defenses to the claim allows a clearer understanding of the potential for a less than anticipated outcome. The uncertainty of the final outcome, and matters such as appeal or collectability can make even the best of cases result in disappointment, and settlement at mediation can avoid such uncertainty. In addition having a third party neutral present when defenses are explained in confidence, helps in the attorney client relationship and clearer understanding by the client of the problems which may be encountered in the litigation. The client benefits by early settlement, and counsel also benefits by increasing cash flow related to time management, overhead allocation and costs to be expended.

The Defense:
Even the best pre-litigation investigation can result in a lack of understanding of the facts of the case. Having Plaintiff’s counsel sit across the table from Defendant’s counsel and candidly discuss factual issues supplements any pre-litigation investigation, and allows a full understanding of the issues to be confronted during the litigation. Ferreting out the issues that are in dispute saves time, money and effort. Resolving disputes before substantial cost and fees are incurred, assists in a long term attorney client relationship. Most client disputes on the Defense side come about by the client not fully understanding the reasons for the high cost of litigation both in terms of fees and costs. If at Fast Track Mediation no reasonable demand is made and the matter fails to settle the client appreciates why the defense fees and costs are needed.

For additional information, please feel free to contact me directly.

Neil Flaxman