Parties are often surprised by how long it takes to resolve claims.

It doesn’t have to be this way. While some causes are beyond participants’ control, parties can proactively take control of the claim to hasten resolution.

Teddy Snyder

The groundhog effect

Groundhogs can dig long tunnels without coming up to see where they are. Unfortunately, a common litigation technique is similar. Lawyers send out the same written discovery in the same order followed by witness depositions followed by expert depositions. Maybe after all that, they think about settlement.

It makes sense to repeatedly stick your head out of the tunnel to look around and see where you are. You might see a more direct way to get to settlement without continuing to dig. Yes, a way to settlement, because that’s how more than 90% of all claims conclude.

Courts enable delay

The legal system, by its nature, is slow. Courts have limited resources, and scheduling issues can force even simple cases to take years. Discovery disputes, motions and waiting for rulings all contribute to delays. Even when parties are ready to settle, they often wait for a court event, thereby slowing down the process. Sometimes something happens in the interim that damages the prospect of settlement.

The longer a case drags on, the harder it can become to keep up the momentum needed for settlement discussions. On the other hand, mediation can be promptly scheduled as soon as all the necessary participants agree.

The effect of court deadlines

Court deadlines can seem like an obstacle, but they often act as a catalyst for settlement. Deadlines — whether for motions, discovery or trial — create pressure that can push parties to finally engage in serious negotiations. Knowing that a trial date is looming or that the court will impose consequences for missing deadlines often forces parties to weigh the risks of continued litigation more critically. When faced with the prospect of imminent summary judgment or trial, parties are more likely to compromise.

How mediation helps

Mediation can be an invaluable tool to overcome these obstacles. A skilled mediator can help break the inertia by encouraging both sides to step outside their entrenched positions and view the dispute from different angles. Mediation creates a structured environment where parties can focus solely on resolution rather than an adversarial setting.

Mediation defines a window for settlement discussions. It brings the parties together for the express purpose of finally resolving the conflict.

Attorney Teddy Snyder mediates workers' compensation cases throughout California. She can be contacted through snydermediations.com.