Alpharetta, GA 30004
Fax: 770-521-1224 |
|
Frequently Asked Questions > What if we don't settle?
What if we don't settle?
There are times when the parties cannot reach an agreement despite their best efforts to do so. Many find the mediation process to be useful none the less as they are able to gain some insight and understanding as to the positions and issues that are an impediment to resolving the case. This knowledge can serve as the basis upon which negotiations can continue.
Statistics suggest that well over 90% of all civil litigation will settle before the matter is submitted to a jury. This is certainly true in the construction context as well. The question is, how much time and money will be spent by the parties before the matter is ultimately resolved?
When parties do not settle, they simply return to the same position that they occupied prior to the mediation. If they are parties to litigation, then the litigation will continue at whatever stage that it was in at the time of the mediation. If the parties have not yet filed suit, a decision may be made to file a complaint in an effort to resolve the matter in court.
One "experienced" litigant once suggested that "there are numerous opportunities to resolve a case before the jury comes back". Another suggested that "every case will settle when it's ready to settle". I submit that the lesson to be learned from these statements is that so long as the parties are willing to work toward resolution, most every dispute can be resolved in due time.
|
|
