Here is the open secret about mediation: the settlements reached at the table are priced by what would happen in the courtroom. A party who is visibly unprepared or unwilling to try the case negotiates from weakness, and experienced opponents can tell. The best settlements are won by the side that clearly does not need one.

That is why my litigation background matters even in matters I expect to settle. I prepare for mediation the way I prepare for trial: evidence organized, damages calculated, weaknesses confronted honestly. Preparation is leverage. And if mediation does not produce a settlement, the dispute can generally proceed to litigation, and I am ready to continue advocating without missing a step. (Arbitration outcomes, by contrast, are far more limited in their appealability, one more reason to understand what you are signing.)

Where a fair resolution is achievable, ADR can save time, money, and stress. My job is to keep every option in view: negotiate where negotiation serves you, mediate with a trial-ready file, and litigate when that is what protecting your interests requires.

If mediation is on your horizon, arrive with a trial-ready file. Call or text 512.761.8479 to prepare.

Alternative dispute resolution, or ADR, covers the ways disputes get resolved outside a full court trial, primarily mediation and arbitration. They sound similar. They are not. Mediation uses a neutral third party to help the sides reach a voluntary settlement; nobody can force an outcome on you. Arbitration involves a neutral decision-maker who resolves the dispute, more like a private judge.

The binding question depends on the method. A mediated settlement becomes binding once the parties agree and sign; before that moment, you can walk away. Arbitration may be binding or non-binding depending on the parties’ agreement, and binding arbitration awards are much harder to appeal than court judgments. Many people discover only after a dispute arises that a clause in a contract they signed years ago committed them to binding arbitration.

ADR is often faster, less expensive, and more private than litigation, and it keeps the outcome more within the parties’ control. But it is not right for every dispute, and some matters do need to be litigated. I make sure clients understand what they are agreeing to before they enter any ADR process, and I advise honestly on whether ADR serves your interests in your particular situation.

Before you agree to any dispute-resolution clause or process, understand what you are agreeing to. Call or text 512.761.8479.