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The Off Ramp of Mediation

June 17, 2019

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Being in litigation is like being on the highway in Southern California.

The road is hardly ever clear; there is traffic congestion ahead inasmuch as the courts are overloaded with pending cases.

There are unexpected delays and roadblocks, all the time.

There is stop-and-go traffic along the way while one waits for something unforeseen to clear up ahead.

There are those costs (filing fees/attorneys fees), as on a toll road, to keep moving ahead.

There are certainly collisions that take place as people argue over discovery issues or whatever.

Sometimes people run out of gas, so to speak, as resources dry up to pay for the litigation.

Sometimes one can get to his or her destination (trial), with enough patience, perseverance and pluck.

Sometimes, one reaches a dead end, as with dispositive motions.

Or crashes, as with losing at trial.

Fortunately, there are off ramps with rest stops.

One can get off the litigation highway with mediation.

Mediation is a place to take a break, check the map, and realize there are other ways to go to reach one’s destination (resolution of the dispute), saving the costs, delays, risks, and wear and tear of all of it.

Take the off ramp and try out mediation; you may not have to rejoin the bumper-to-bumper traffic.

On the other hand, if mediation doesn’t work out for you, you can always get back on the highway at the on ramp across the way.

But you don’t have to; it’s up to you to decide where you want to go and how you want to get there.

***

David I. Karp is a full time independent mediator of real estate and business disputes in Southern California. His website is at http://karpmediation.com .

*This post is marked “Advertisement” so as to comply with the State Bar’s Rules of Professional Conduct if applicable.

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