In conversation with a lawyer.
Lawyers do not recommend mediation at the outset, when the question was asked to a lawyer
Lawyers do not recommend mediation at the outset, when the question was asked to a lawyer
the response was,
"Even if I see that the case is best sorted at a Mediation I will not suggest it to the clients as the first step. Because they will look at it like I am not competent as a lawyer to handle the case and want to palm it off onto a mediation which is a simpler process. They usually come prepared for a legal process, having consulted some friends. Parties often assume that an out of court settlement means getting a raw deal. So I'll make out a case and then appropriately place the mediation option later when they trust me more."
Most of the people are not looking for a solution to there problem in the courts. They file cases out of vengeance, greed, deceit and rage. They want to punish or get even with people. Some clients spend there entire life in court halls because of the hatred they nurture towards another person. Sometimes, however, there is no way out.
The fees charged in a mediation is in a legal proceeding. Because the procedure is simpler and speedier. The court case is a long drawn procedure and the expertise of the lawyer in needed from time to time. Hence, the fees of the lawyer and the court is more.
Another lawyer had a more interesting perspective, and which is more common too. He said that I know the case is better settled outside of the courts in a mediation or conciliation process. But if I tell that to the parties firstly they will find another lawyer. It is better that I take the case and take it the way it should".
"Even if I see that the case is best sorted at a Mediation I will not suggest it to the clients as the first step. Because they will look at it like I am not competent as a lawyer to handle the case and want to palm it off onto a mediation which is a simpler process. They usually come prepared for a legal process, having consulted some friends. Parties often assume that an out of court settlement means getting a raw deal. So I'll make out a case and then appropriately place the mediation option later when they trust me more."
Most of the people are not looking for a solution to there problem in the courts. They file cases out of vengeance, greed, deceit and rage. They want to punish or get even with people. Some clients spend there entire life in court halls because of the hatred they nurture towards another person. Sometimes, however, there is no way out.
The fees charged in a mediation is in a legal proceeding. Because the procedure is simpler and speedier. The court case is a long drawn procedure and the expertise of the lawyer in needed from time to time. Hence, the fees of the lawyer and the court is more.
Another lawyer had a more interesting perspective, and which is more common too. He said that I know the case is better settled outside of the courts in a mediation or conciliation process. But if I tell that to the parties firstly they will find another lawyer. It is better that I take the case and take it the way it should".
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