Litigation
As my background indicates, I have lots of
courtroom experience. If you
must go to "Court," an experienced litigator
can be of great benefit in the handling of
the variety of motion hearings and
management of your case at trial.
Remember that litigation is expensive,
time intensive, stressful and involves
congested court dockets.
Therefore taking a case to trial should be
the last resort to resolving a contested
matter. Abraham Lincoln has been
quoted as saying "It is a lawyer's job to do
the best he can to keep his client out of
court."
Alternatives to litigation include mediation
and arbitration.
Mediation
"Discourage litigation. Persuade your
neighbors to compromise whenever you can.
Point out to them how the nominal winner is
often a real loser -- in fees, expenses, and
waste of time."
Abraham Lincoln, 1850
"I had learnt the true practice of law. I
had learnt to find the better side of human
nature and to enter men's hearts. I realized
the true function of a lawyer was to unite
parties riven asunder. The lesson was so
indelibly burnt into me, that a large part
of my time during the twenty years of my
practice as a lawyer was occupied in
bringing about private compromises of
hundreds of cases. I lost nothing thereby --
not even money, certainly not my soul."
Mahatma Gandhi, 1927
--- What is Mediation
--- How Mediation Works
--- What Type of Disputes Can be Mediated
--- Advantages of Mediation
--- Is Mediation Right For Me
--- How Do I Get Started
--- MEDIATION AGREEMENT
Arbitration or Alternate Dispute
Resolution (ADR)
ADR is similar to litigation except less
formal, speedier, and less costly. In ADR a
disputed claim is presented to a retired
judge or experienced attorney who considers
the documentation and explanations of each
party. The process is informal and usually
occurs in a conference room. The parties are
usually represented by an attorney.
In Howard County the Resolution
Center employs several retired judges
from Howard County on their staff. All of
these judges are known for their fairness
and are used by both claimants and
insurance companies. In all ADR cases in
which I have been involved for the last
couple of years, I have represented the
claimant or plaintiff. I have also worked
as a co-mediator to resolve disputes which
were referred to me by the Mediation and
Conflict Resolution Center at the Howard
Community College, Columbia, Maryland.
All parties benefit from ADR because the
process can be fully concluded in as short a
time as the parties can schedule the
meeting. Litigated suits can take several
months or worse to be concluded. The costs
of ADR are significantly less than
litigation because cases in arbitration
usually do not involve the high costs of
depositions or expert witness appearance
fees.
M
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