Play To Win
Mark’s Mediation Strategies
“What above all else is eroding public confidence in the Nation’s judicial system is the perception that litigation is just a game, that the party with the most resourceful lawyer can play it to win, that our seemingly interminable legal proceedings are wonderfully self-perpetuating but incapable of delivering real-world justice.” — Justice Antonin Scalia, dissenting in Caperton v. A.T. Massey Coal Co., Inc., (2009) 129 S.Ct. 2252
How often have we heard these views expressed by clients and even some lawyers? Justice Scalia’s words serve as a reminder of the benefits of the mediation process. Self-determination is the core principle upon which mediation is based: the belief that the parties alone have the power to negotiate a resolution that best serves their interests. To me, ‘play to win’ means using mediation to promote greater client satisfaction, both with the process of settling differences and the results achieved.
In a confidential setting, the risks and costs of going to trial are soberly and objectively analyzed, prompting a more realistic view of the strengths and weaknesses of the case. This, in turn, leads parties to more accurately weigh various settlement options, and make the most informed decision about how to proceed. The agreement they reach is usually more advantageous than the uncertain outcome imposed in the courtroom.
As always, I am ready to work with you and your clients to achieve satisfying case resolutions. Please call if I can be of assistance.
Regards,
Mark Loeterman
Mark Loeterman Mediation
Email: Mark@MLmediation.com
