Dispute Resolution
Solving Problems Out of Court
When people decide they want to settle a legal dispute out of court, they have several options available to them. Two relatively informal processes are negotiation (the lawyer represents your interests) and mediation (the lawyer is neutral and helps both sides reach an agreement). In these processes, there is no judge, arbitrator, or jury. What you say for purpose of reaching an agreement is generally confidential, which means it cannot be used against you in court unless an exception applies; your lawyer should explain what these exceptions are. If the dispute resolution is successful, the parties sign a written agreement that is legally enforceable.
Lawyer as Representative
Even when parties to a dispute recognize the value of reaching an out-of-court settlement, representing yourself may not be practical for a number of reasons. Complicated legal theories could be central to your negotiations, and you may need an attorney who is experienced at negotiating with awareness of what results are possible if an issue goes to court. You may simply not feel comfortable negotiating on your own behalf in high-stakes or stressful situations. Perhaps the schedules of the parties make face-to-face meetings impossible.
Paul has negotiated successfully on behalf of clients in various contexts, including commercial real estate disputes, performance contracts for top-ranked U.S. athletes, and disputes over business partners' fiduciary duties.
Paul has negotiated successfully on behalf of clients in various contexts, including commercial real estate disputes, performance contracts for top-ranked U.S. athletes, and disputes over business partners' fiduciary duties.
Lawyer as Neutral Party
If you feel comfortable speaking for yourself, you may still need help from an attorney to clarify legal remedies and help both sides understand each other. This process is known as mediation. Paul has mediated disputes where parties saved months, perhaps years, of costly lawsuits by reaching an agreement.
Successful examples include:
Successful examples include:
- Divorce and separation agreements
- Landlord-tenant issues
- Contractual disputes
- Private sector employment
- Disputes between business owners
What Happens if Negotiations Break Down?
Even when parties intend to settle, litigation is on the table and must be considered a real possibility. Paul does not offer litigation services. However, he knows litigators in the District of Columbia and Maryland who have solid reputations. If he is representing a client and litigation is advisable, he can recommend a selection of trial attorneys.
That being said, the overwhelming majority of cases in the United States, especially civil cases, do not go to trial. An often-cited government survey found that about 97% of civil cases result in settlements or outright dismissals.
That being said, the overwhelming majority of cases in the United States, especially civil cases, do not go to trial. An often-cited government survey found that about 97% of civil cases result in settlements or outright dismissals.
