South Coast CPS’ Post

Why did I leave Litigation to pursue Mediation? The stress of litigation is real, and many of us have felt its impact. - Strained Relationships: It puts pressure on the litigating parties’ personal and professional connections. - Consumed Mental Space: The litigation and alibied thoughts take up a lot of mental space. - Growing Bitterness: The longer the process drags on, the more bitterness it can create within the litigants. People get crocked with time. - Financial Drain: A lot of money gets spent with uncertain outcomes. - Wasted Energy: The energy invested can feel wasted, especially when results are unfavourable. Thus, I chose mediation over litigation: 1. Personal Experience: Litigation feels like an ongoing battle. It’s a tough and challenging process. 2. Belief in Good Karma: I believe in good karma. It's better to settle for something than to fight endlessly and get nothing. I save my clients from false hopes and endless drama. 3. Positive Impact: I don’t regret distancing litigation for mediation. In fact, I feel proud when my clients call to thank me for saving them from never-ending drama and trauma. Mediation is not just a career for me. It’s my mission to create positive outcomes and practice good karma. Honestly, I am proud of my decision. It couldn't have been any other way. However even litigation has its own sets of pros and cons. Choose what suits you!

Did you know mediation isn’t all or nothing? Mediation can work in just about every case, even if you know there are some issues where you and the other party cannot see eye-to-eye. In mediation, we can help you settle only some or all of the issues in your case. If, after multiple sessions in mediation you can’t agree on one or more issues, you can take just those outstanding issues to the Court for a determination. For everything else, we can help you draft a settlement agreement on only what you can agree on. It’s not “all or nothing.” Using mediation for just some of your outstanding issues can help you save a lot of time and money. The savings could mean thousands of dollars less spent on attorneys and months of waiting avoided. Less litigation also helps keep the peace and enables families to maintain their focus on the children. By keeping one foot in the mediation room, it’s easier to avoid scorched-earth litigation. Mediation helps us communicate better and empathize with the other party, when it is far easier to dehumanize the other side in litigation. Even partially mediating a case is an intentional decision that will positively impact your case, your kids, and your ongoing relationship with the other side. Have questions about whether mediation is right for your case? Go to our website to set a free Discovery Call with Melissa: https://lnkd.in/g-9-qwPq

Many people are not aware that you can mediate just a portion of your divorce or custody case. In fact, you can start in mediation, jump into litigation, then resume mediation. In some cases, people will start in litigation, then move a portion of their case (such as child custody and parenting time) into mediation, while the court handles the rest of the outstanding issues. You can start mediation at any point in the divorce process and we will be happy to help you work toward resolution on one, two, or all of your remaining issues. It’s not “all or nothing” and, if you start in litigation, we will welcome you with open arms if you reconsider mediation at a later time. (While the local family courts have little to no availability for several months, we can accommodate you without delay.) Do not hesitate to reach out if you’re curious about what mediation could do for your case.

What does “winning” mean in the world of litigation? Hard to define, isn’t it? Is it getting summary judgment? Obtaining that coveted jury verdict? Let’s say you get your hands on that shiny judgment. What if the process was so long, expensive, and stressful for your clients that it took years off their lives and left them feeling like they “lost?” This is a conversation I’ve been having with my colleagues for years and I’d venture to guess that some of the lawyers reading this post can relate. It’s a conversation I would think about when I went to mediation. As a litigator, I always looked forward to mediation. My favorite mediators were the ones who helped my clients appreciate the benefits of winning their own personal “long game” (as opposed to merely focusing on winning the legal battle), whether that be through rebuilding trust and communication with the other party, gaining the peace and satisfaction that comes through collaboration, mitigating risk, or saving the time, money, and heartache that comes with continued litigation. In case you’re wondering where I’m going with this… yes, I’ve become a mediator. More specifically, I am now a Florida Supreme Court Certified Circuit Civil Mediator providing services through my new company, Billings Mediation, LLC. Although the business is still in its early stages, I have an ambitious goal: to become the type of mediator that I always admired. Many thanks to my family, friends, mentors, colleagues, and all those who encouraged me to follow my heart and pursue a field that fuels me with passion and purpose. There is a long road ahead, but I couldn’t be more excited. Have any thoughts on mediation and what makes a mediator great? Please feel free to drop a comment or direct message. Would love to hear it. 

April 22, 2024 Enhance Your Negotiation Tactics with Adarsh Kumar Gupta Facing complex disputes in your family or business? Sidestep the emotional and financial burdens of litigation with the skilled mediation services of Adarsh Kumar Gupta. With over ten years of expertise in mediation, arbitration, and negotiation, Adarsh guides all involved toward a resolution that benefits everyone. His strategy not only conserves resources but also works to bolster, rather than damage, relationships. Services Provided: - Family Mediation: Handle family disagreements with empathy, ensuring confidentiality and understanding. - Commercial Arbitration: Manage business conflicts with strategic precision, safeguarding your interests and promoting ongoing business operations. - Negotiation Services: Adarsh excels in devising mutually advantageous solutions, critical for satisfactory resolutions. - Litigation Consulting: Offer strategic advice to effectively tackle intricate legal challenges. Why Choose Adarsh Kumar Gupta? - Accomplished Negotiator: Adarsh has a track record of resolving numerous delicate issues, showcasing his skill in establishing common ground. - Personalized Care: Each case receives dedicated attention, guaranteeing tailored solutions. - Cost-Effective: Avoid the substantial costs related to legal proceedings through targeted mediation and negotiation. - Confidentiality and Neutrality: All consultations are held in strict confidence, with a commitment to impartiality and fairness. Schedule Your Complimentary Consultation: - Email: Cannyoverseas@gmail.com - Arrange a meeting to discover how Adarsh can assist you in resolving your disputes with expertise and compassion. Act now for a harmonious future!

In today's fast-paced world, disputes are almost inevitable in commercial endeavors. Whether it's a contractual disagreement, a breach of agreement, or a conflict over intellectual property, businesses often find themselves facing the daunting prospect of litigation. However, amidst the adversarial nature of traditional legal proceedings, there exists a more amicable and often more efficient alternative: mediation. 1. Cost-Effective: Mediation saves time and money by sidestepping the hefty expenses associated with litigation. 2. Preserves Relationships: Unlike litigation, mediation prioritizes open dialogue and mutual understanding, preserving valuable business relationships. 3. Flexibility and Control: Parties retain control over the outcome, crafting tailored solutions that suit their needs and interests. 4. Confidentiality: Mediation provides a private environment for discussions, ensuring confidentiality and encouraging frank exchanges. 5. Speedier Resolution: With its streamlined process, mediation often leads to quicker resolutions, minimizing disruptions to business operations. 6. Reputation Protection: By avoiding public courtroom battles, mediation helps safeguard the reputations of the businesses involved. At Sheehe and Associates, we offer mediation when appropriate for a faster, more cost-effective, and relationship-preserving alternative to commercial litigation, empowering businesses to navigate disputes with efficiency and integrity.

I've been a lawyer for 17 years. Here is what I have learned about negotiating: 1. Always understand what business solution the client needs to settle a case. The best lawyers don't argue about things that aren't important. This typically leads to extremely costly litigation. 2. Ensure a client understands that negotiations are rarely quick. The vast majority of cases I have settled take 2-3 months of negotiation (sometimes longer). A lot of clients will start to panic if something doesn't happen fast. Preparing a client early on for the fact negotiations take time can be very helpful in managing a client's expectations and emotions. Typically, time is on your side (see #3). 3. Be patient. Part of negotiating is to wear the other side down. The opposing side in a settlement negotiation has to pay legal fees too. And, at some point, they get frustrated with a slow process. This is to your advantage. If your client can be patient and outlast the resolve of the other side, you typically ends up with the desired settlement terms. 4. Ensure the client is prepared for litigation. If a client is willing to litigate, this gives you the most leverage in settlement negotiations. Many times the other side does not want the expense or hassle. If you can file a complaint or press a case forward in discovery, it many times will result in new and better settlement terms. 5. Be kind. Make friends. Having a good relationship with opposing counsel is critical to getting a deal done. If you wind up arguing, no one is going to give an inch. Of course, you are going to have your disagreements. There are ways to do that politely and firmly and maintain a good working relationship that might later help a case settle. If opposing counsel is rude, let it go. Don't take the bait. Just respond with kindness. This is typically in your client's best interest. 6. Remain calm. It is very tempting to respond to an email or comment in an aggressive manner. This rarely helps and can unnecessarily escalate a matter. The key is to remain calm and try to keep conversations flowing. As long as you are negotiating and not litigating you are typically doing your client a favor. 7. Be empathetic. Do you understand the other side's concerns and needs? If you do, you might be able to suggest a creative solution that addresses the concerns of the other side and still gets your client what it needs. ### Am I missing anything? Please feel free to add to my list! #negotiation #negotiationtips #lawyerlife #attorneys

From complex projects to seamless collaborations, a written contract is key. Mediation offers a powerful alternative to litigation. Learn how mediation can help resolve construction contract disputes: https://lnkd.in/dZbHh3A8

Here’s a thought for you: Is mediation the last resort for dispute resolution❓ Mediation is often thought of as the last step to adjudicate disputes, however, it is quite the opposite. Skilled third-party mediators can reduce the emotional temperature in a dispute resolution discussion toa great degree. For this very reason, mediation should be looked at as the primary step even before considering going for litigation. Litigation due to the reasons of being time-taking and cost intensive, soaks up a lot of resources, time and effort of both the parties. A mediator has the abilities to foster better communication and help discuss and come up with less obvious mutually acceptable creative solutions which might never come up in a litigation. Another underrated advantage of mediation is that it offers a face-saving mechanism for dispute resolution. Litigation and going through Courts drags the reputation of both the parties through dust while mediation takes care of that behind closed doors. So, there is a need to look at mediation as the primary step for dispute resolution rather than as the last resort.