Alternatives to Litigation
 

Prospective clients often express a desire to find an "aggressive" lawyer to represent them in their injury, death or commercial case.  At The Watkin Law Office, we understand and appreciate those sentiments.  We also understand and advise our clients that there are many ways of resolving disputes - a lawsuit is just one method.  The alternatives are often more aggressive than "normal" litigation!  They are usually faster -- and they usually yield higher recoveries for the clients.  At The Watkin Law Office, we know when to go to trial, when to pursue an alternative, and when to take a more "blended" approach.  Some of the alternatives to litigating the old-fashioned way include: private mediation, arbitration, neutral fact-finding, settlement conferences and other forms of dispute intervention. 

If parties in conflict make the right choices early on, they can greatly improve the ultimate outcome of their dispute. Frequently, there is no need to even file a lawsuit! Yet, even a party already in a lawsuit should know of the availability of neutral mediation or arbitration well in advance of the scheduled trial date.  In either situation, there may be ample time to resolve the dispute and reach a mutually agreeable resolution long before it could be done in traditional litigation.

Most lawsuits (95%) are settled or dismissed before trial!  Why waste thousands of dollars, hundreds of hours, and untold physical and emotional anguish waiting and preparing for an event that will never take place?

Certainly, there are occasions when filing a lawsuit is appropriate, perhaps even necessary.  Many remedies are not available unless the related claim has either been settled or formally filed (i.e., by filing a lawsuit) within a pre-defined time frame. There may also be lawsuits where confusion over the implementation of certain laws necessitates appellate court interpretation. And of course there are conflicts in which the disputing parties have unsuccessfully attempted in good faith to reach an informal resolution and where the filing (or resumption) of litigation may be the only remaining option.  At The Watkin Law Office, we know which matters require immediate lawsuits, which should be resolved "alternatively," and which may ultimately require lawsuits as a last recourse or to preserve time limits.  The choice of alternatives is generally determined by the nature of the dispute; and the appropriate choice is invariably the least expensive.  

Representative image of mediation in progress

More Information on Alternative Dispute Resolution:

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What is mediation?

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Should I mediate, arbitrate or litigate?

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Can I afford to mediate or arbitrate?

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Will one party have an unfair advantage?

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Why should I ever go to Court?

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What do I look for in a mediator?

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