Legal matters of enough significance to require litigation require relentless counsel who aren’t afraid to go for the jugular, but aggressiveness is not enough. Counsel must also be skilled and able to gain the leverage necessary to force parties to agree to a resolution that ends the fight and furthers the business’ interests.
Too many attorneys tarnish the reputation of lawyers in general by either papering a file to death or by not taking advantage of the opportunities available to resolve a case that should rightly be resolved for the best interests of the client.
Whether it’s reaching a compromise and problem-solving with a mediator, or forcing a solution through hard-fought litigation, our clients’ best interests are always our number one priority throughout the conflict resolution process. Our goal is to help reconcile opposing arguments to create the best possible outcome without wasting time, money, or resources by prolonging the process.
While we aren’t afraid to take on a complicated or particularly contentious dispute, we ultimately want to reach a practical business solution at the earliest opportunity while providing value to the client. Whether you’re a prospective client who needs representation or a fellow attorney referring a client, the following FAQs will shed some light on our intentional approach to conflict resolution.
What is conflict resolution?
Conflict resolution – or dispute resolution – is the legal process of resolving a conflict, dispute, disagreement, or claim. Litigation is often part of the conflict resolution process, but many attorneys, once in litigation, do not know when to stop or seek common ground with the entrenched opposing counsel. There are a variety of methods to achieve an amicable conflict resolution, including mediation, litigation, negotiation, and more.
What is involved in conflict resolution?
This depends on the specific case. Typically, business and individuals search for attorneys when disputes of significance cannot be resolved through ordinary conversations. Many times, these parties have already rejected amicable suggestions for a solution by one or both parties. When the attorneys cannot reach a resolution, litigation, arbitration, or out-of-court mediation are the next steps. Often times, because of the hurt feelings, and/or entrenched positions, litigation can assist with enabling the exchange of information that will ultimately support or detract from the opposing side’s position. Most courts, seeking to reduce the trial calendar burdens on the judicial system, force parties to attempt some form of conflict resolution – normally mediation – prior to trial.
Although most conflict resolution processes take place outside of a court, an attorney will normally represent a client to participate as a counselor or advocate during the process. Seeking qualified counsel will unquestionably give you a competitive advantage throughout the conflict resolution discussions, including in the selection of an appropriate mediator who under the circumstances will have the best chance of driving home a successful resolution.
How do we approach conflict resolution at Michael H. Moody Law?
Unfortunately, many attorneys will over-litigate cases without respecting the client’s time or money. We recognize the value of bringing all parties together to try to reach an amicable solution in mediation and avoid the cost and time expense of litigation. At Michael H. Moody Law, we’re always evaluating the value of what we can provide if we’re going to litigate. If there’s something to be gained, we aren’t afraid to fight, but we’re not going to pick a fight without a calculated, cost-effective approach on behalf of the client. In those instances in which litigation and aggressive action are necessary, Michael H. Moody Law, P.A., provides the best and most competent representation.
From personal injury and first-party property claims to malpractice and investor disputes, we have an impressive roster of cases under our belt that we’ve been able to resolve quickly and effectively. We do not arrive with the hidden agenda to make money from a case with heavy litigation. Our focus is on quality and building our unique brand, which means helping the client reach a resolution that they can live with as quickly as possible.
What is the client’s responsibility during the process?
We’re sensitive to the fact that our clients are experiencing a tough time during the conflict resolution process. A variety of emotions come into play—including anger, disappointment, fear, and stress. For the most part, these emotions are completely warranted and a natural part of facing a legal dispute. As counsel, it’s our job to walk into the ring with a clear mind and unbiased perspective, ready to fight for our client’s best outcome. The time commitment for the client differs case-by-case, and they can be as involved or removed from the process as they choose. Ultimately, we’re looking to win your freedom from this conflict by reaching the best possible resolution.
Mediation, negotiation, or litigation, what’s the most effective method?
The best approach to each case will always be dependent upon the specifics of your situation. Litigation describes the process of arguing a dispute in the court system that will result in a settlement or final orders. Many courts and judges will recommend alternative methods as a means for the opposing parties to resolve the conflict in a way that requires less money and time than a drawn-out court battle—and we often prefer this route too if it’s what’s best for our client.
Mediation is a private process where a neutral third party listens to both sides of the dispute. The mediator can make recommendations for a joint-resolution but does not have the legal power to mandate the decision. Negotiation is similar to mediation, except there is no neutral individual involved. In both mediation and negotiation, the client may have an attorney present if they choose. At Michael H. Moody Law, we have an impressive track record for participating in these out-of-court conversations.
No matter what you’re up against, you can rest assured that our team is on your side. We are committed to serving as a valuable resource throughout the process of conflict resolution, and will never be reckless with our client’s time or money. We aren’t afraid to step on the mat and put up a fight, but if it’s not in the best interest of our client we can address the dispute out of the court through a strategic conversation with the opposing party.