I generally believe that parties should peacefully work toward settlement, especially when children are involved. Whether parties settle or not, we learn a lot about the party through the process. We guard our client’s interest, effectively playing poker, while we efficiently move the case along, while best positioning our clients for Alternative Dispute Resolution.
What is Alternative Dispute Resolution (ADR)?
ADR comes in many forms, mostly Mediation or a Settlement Conference. Mediation involves a mediator and the parties, while it does not involve the lawyers, unless parties agree. A Settlement Conference, on the other hand, involves the lawyers and includes the judge as the mediator. I prefer the Settlement Conference to Mediation. We can discuss the issues, get the judge’s perspective, and then get an agreement on the record. It is a very efficient process.
Either way, it is helpful to come into ADR with an effective posture and philosophy.
What is the preferred Settlement Philosophy?
I always recommend that clients maintain flexibility. This means having an ideal position (what I would like out of trial — although putting it into the hands of a judge can be the least predictable) and your absolute least you’re willing to settle on. If you have a range of positions, then you’re more flexible. If you’re rigid, then you’ll just increase the lawyer fees and frustrate yourself with why you’re not getting a settlement. I believe an effective lawyer will enhance your position through the development of the case, while also equipping you to make informed decisions in the settlement process. You hire a lawyer to train you to understand the case, whether your goals are reasonable or flexible, and how to arrive at a place that you can contently move forward.
In summary, the preferred approach is to develop a position that encompasses a high to low range, while trying to negotiate with leverage to get as much as possible out of the litigation. Please schedule a consultation to learn about how this approach applies to your situation.
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Peter graduated from the Arizona State University Sandra Day O’Connor College of Law. His work background is Christian Ministry, Commercial/Residential Property Management, and Real Estate. He is passionate about protecting elders, helping families, and guarding business and personal assets. Peter loves researching, especially the liability regimes within Estates and Probate.
