Posts tagged courts

When You Are in a Lawsuit, Don't Lose Sight of the Elephant in the Room

May 27, 2020 @ 11:50 AM · attorney fees, courts, litigation & lawsuits

Its not easy to find or part with the money often needed to settle a lawsuit.   You might think that your toughest negotiations will be with the opposing party.  However, there is often an even larger stakeholder in the dispute; someone on your own side; someone who will likely have to be paid first from whatever proceeds are generated upon resolution of the lawsuit; someone who you might have already agreed to pay more than you could ever reasonably expect to recover in court.

 

The American Rule of Damages

If you are not careful, the biggest damage and expense that you will incur will be your attorney fees.  In the United States, the average cost to try a civil lawsuit is between $43,000 and $122,000.  Why ...

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How to Slow the Flood of New Lawsuits

May 21, 2020 @ 8:10 PM · courts, mediation

The court system was never designed or intended to handle every civil dispute that arises.  However, that doesn’t seem to stop people from continuing to file lawsuits in record numbers.  Unfortunately, only about 5% of all cases filed ever last long enough to get to trial.  More than 95% of all cases filed are later determined to be legally insufficient or otherwise abandoned by the parties  before anything is decided in court.  What a waste of time and money.  We, as a society must do a better job to resolve more of our disputes BEFORE racing to the courthouse.

 

Add ADR Provisions to All Contracts

There is a lot we can do on our own to handle disputes without wasting so much time in court.&...

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Is Justice Better Served in Court or at Mediation?

April 6, 2020 @ 11:14 AM · courts, justice, mediation

Symbols of Justice: Blindfold, Scale and Sword

When you have a conflict or dispute that you can't resolve on your own, where do you go?  You want to take your problem to a place where you can speak and be heard, a  place  where you can be assured that justice will be administered, a place where your problem can be solved once and for all.  Most people think a courtroom is the best place to do this. However, you might be surprised to learn here that a mediator and a mediation conference can actually administer more justice than a judge or jury in court.  Let's closely examine the symbol of justice, Lady Justice. She sets the ...

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