Pick Your Battles Wisely

11When I represented my own clients in criminal defense or family law cases, I learned that one of the essential things to consider during the litigation process was when to fight on any particular issue, when to be conciliatory and when to stand our ground, and it’s never a good idea to always resort to only one of those strategies all the time.  I see attorneys from time to time do their clients a major disservice by refusing to negotiate or by taking all issues to hearing, or by threatening to fight on all issues regardless of the situation.  The problem is, when an attorney says they aren’t willing to negotiate with the other side, and the other side believes them, the attorney tends to lose a lot of leverage, the chances of settlement obviously decreases, and it almost invariably hurts the parties in the process.

A good attorney does what is best for his or her client.  And that means knowing when its better to resolve the case instead of going to hearing on an issue.  Some attorneys believe that if they are on the losing side of a case, that its better to be combative than conciliatory.  But that is usually bad advice, since such conduct will only cause the other side to be more defiant and dig in their own heels.

Obviously, mediation is a opportunity to settle a case that no one should take for granted.  When both parties agree in good faith to mediate, it usually leads to settlement a majority of the time.  Settling your case is almost always better than going to hearing, for many reasonsContact the Attorneys of Highlands Ranch to schedule your mediation session right away.

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