Search This Blog

Saturday, April 14, 2012

Win Win

   I often tell clients when preparing for mediation that it's their best, only chance for a win-win outcome.  A lot of clients don't like mediation because they get pushed to make voluntary concessions to a person they (at least currently) can't stand.
   I like mediation because, by definition, if we reach settlement it's something my client can live with.  There is no "losing" at mediation; if you can't find common ground you just walk away.  In fact, walking away can be a show of strength, proving to your opponent you're willing to meet them in trial.  Often, you can settle a week after mediation for the same deal your opponent rejected before realizing the measure of your resolve.
   Court is a different animal.  You can have a winner and a loser, or you'll have two losers because the judge has his own idea of fairness that bears no relation to what either party expected.  Do the math: Husband wins/Wife loses; Husband loses/Wife wins; Husband and Wife both lose - you know going in that two of the three possible outcomes are bad.
   Selfishly, I like trying a case to it's natural conclusion.  I'm not playing with my life, I'm playing with yours, so for me the chance to showcase my skills is more thrilling than any trepidation I might feel over the outcome.  That's why I work extra hard to examine all the angles before I take a case to trial.  I want to feel absolutely confident when I put you on the stand that I'm doing it in your best interest.