Legal malpractice mediation brings all parties together with a neutral third-party mediator who facilitates discussion and negotiation. Unlike a trial, mediation is confidential and less adversarial, creating space for meaningful dialogue and resolution.
During mediation, both sides present their positions, with or through your attorney outlining the facts supporting your claim, the applicable standard of care, how that standard was breached, and the damages you’ve sustained as a result. The mediator then works with both parties, often separately, to find common ground and negotiate a settlement that addresses the parties’ legal issues and any losses.
The informal nature of mediation allows for creative solutions that might not be available through traditional litigation, giving you more control over the outcome than you would have in court.
Most legal malpractice claims do successfully resolve during mediation or shortly thereafter. The confidential nature of mediation proceedings often appeals to clients, attorneys, and their insurance carriers, who typically prefer to avoid the public scrutiny of a trial. Additionally, the flexibility of mediation allows for creativity in reaching settlements that satisfy both parties.
Mediation can offer several advantages over going to trial to resolve legal malpractice claims. Some of the greatest benefits can include:
- Timeline. Mediation typically resolves cases much faster than court proceedings.
- Cost effectiveness. The mediation process generally requires less financial investment than going to trial.
- Confidentiality. Unlike public court records, mediation discussions remain private.
- Reduced stress. The less adversarial nature of mediation can ease the emotional burden on clients.
- Greater control. You maintain decision-making power rather than leaving the outcome to a judge or jury.
- Relationship preservation. For situations where ongoing professional relationships matter, mediation offers a path to resolution that doesn’t burn bridges.
Looking for a legal malpractice mediator in Houston? Call Ross at Sears Crawford today at (713) 223-3333 or contact us online for a free consultation.
