If you suggest mediation to your lawyer and been met with resistance, you’re not alone. It can be confusing. Why would a legal professional advise against a process that is often faster, cheaper, and less stressful than going to court?
The answer isn’t always simple, but it’s important to understand the dynamics at play. It’s rarely about malice; it’s often about a misalignment of incentives and a difference in training.
1. The Billable Hour Beast
The traditional law firm model is always building on the “billable hour.” The more time a lawyer spends on your case—drafting motions, conducting discovery, preparing for trial—the more money the firm makes. Litigation is a long, drawn-out process that generates huge numbers of billable hours.
Mediation, by contrast, is designed to be efficient. A case that might take years in court could be resolved in a few days of mediation. While this is fantastic for your wallet and peace of mind, it’s not a great business model for a firm that relies on prolonged conflict.
2. The Adversarial Mindset
Lawyers are warriors. Law school teaches them to identify weaknesses in the opposition’s argument and to fight for a “win” in a zero-sum game. This adversarial mindset is perfect for a courtroom, but it can be a major hindrance in mediation, which requires collaboration, compromise, and a focus on mutual gain.
Some lawyers may feel out of their element in a mediation setting, where the goal is not to “beat” the other side but to find a solution that works for everyone.
3. Loss of Control
In litigation, the lawyer is the star of the show. They control the strategy, the questioning, and the presentation of evidence. In mediation, the parties themselves—you and the other side—are the primary decision-makers. The mediator guides the process, but the outcome is up to you. This shift in power will be uncomfortable for some attorneys who are used to being in the driver’s seat.
Take Control of Your Future
While many lawyers are excellent advocates who truly want the best for their clients, it’s important to recognize that their interests may not always align with yours, especially when it comes to the cost and duration of a dispute.
Don’t be afraid to ask your lawyer hard questions: Why are you recommending court over mediation? What will the estimated cost of litigation be? What are the risks of going to trial? Remember, it’s your life, your business, and your future. You have the right to choose the path that makes the most sense for you. Mediation isn’t about giving up; it’s about taking strategic control of the outcome.
Contact Alternative Law today for a free consultation.