How Can Commercial Trial Attorneys Determine Appropriate Cases for Mediation?
Dec. 1, 2022
California Commercial trial attorneys are trained to identify the potential outcomes of cases before they follow through with a plan of action to save time and money for their client. Mediation is one method that can be made to avoid the uncertainties of having a judge or jury decide the dispute. The uncertainties are avoided and the range of options expanded if the parties themselves can reach a resolution with having a judge or jury decide the matter. The uncertainty of a judge or jury deciding a case is compounded by two factors:
While depositions can minimize some uncertainty, it is almost impossible to predict everything a witness will say or how a witness will be perceived by a jury. A witness may lose credibility with the jury or may testify in a manner that is unexpected and unfavorable.
The evidence presented by witnesses and by documents is critical to the case. Once again, it is the jury that must evaluate the evidence and decide which side should win. Rarely is evidence so clear that it points to a result with certainty. So the jury or judge will have to weigh that evidence in reaching a decision.
Whether it’s the evidence or the witnesses, by going to trial the parties give up control to third parties who will decide the case without knowing everything that is important to the parties. This uncertainty is avoided when parties agree to resolve the matter though mediation.