Why a Credible Willingness to Litigate Makes Mediation Work Better

This post discusses Texas law.

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.