MEDIATION
vs LITIGATION
My name is Bruce E Castro, founder of
AllSolutionsNetwork.com
and The Solutions Network.
Just so you have a bit of information as to my background and
competency to discuss various issues--
I've sold and invested in real estate since I was eighteen. I got bored so
I decided to go to law school. I graduated very close to the top of
the class and had every intention of practicing law and changing the world!
But, a strange thing happened on the way to taking the California Bar.
On a daily basis, I had substantial doses of reality subcutaneously
injected.
I spent a couple of years working for various attorneys, deans of law
schools, etc. During this time, I
was in charge of developing Workers Compensation, Real Estate, Bankruptcy, and
Tax divisions within these firms. I
saw the practice of law first hand—real life.
In dissolution proceedings, I’ve watched spouses
pay thousands in attorney’s fees to get “custody” of a $500 couch.
See Divorce Litigation vs
Mediation. I’ve seen plaintiff’s and defendants
spend twelve thousand dollars each! over a real property issue (so a
total of $24,000 in attorney’s fees for a house with only $15,000 in equity),
only to then have the attorneys attempt to force a settlement in favor of the
plaintiff for only $10,000. This means that the plaintiff who spent $12,000 in fees,
settles for $10,000. So, he ended up with $2,000 less than he started
with-- and had gotten no relief, whatsoever, on the
litigated issue. These things happen constantly. EVERY DAY! In so
many cases, when attorney’s get involved, the only
people who win-- are the attorneys!
Are you considering a Marital Dissolution? Preparing to sue someone?
Being sued? Before actually
litigating, (which is always an option, providing you file within the statute of
limitations), Do yourself a favor-- Have a professional mediator;
a trained negotiator, preferably with a strong legal background, objectively examine your
situation. Whether through our Network, or another
firm, let someone give you a realistic assessment as to your chances of
succeeding in court, plus a realistic assessment of potential legal costs
involved in handling it via the courts.
Often, with these hard facts in hand, you can hammer out a settlement that puts
you in a better position than, had you actually
prevailed in court, (since you’ve avoided the $10,000 to
$20,000 or more in attorney’s fees). Additionally,
the settlement can often put even your opponent in a better position than if
he/she had prevailed. Ultimately, a
win win situation is a more successful outcome.
I win, you lose, (the purpose of litigation), may feel more gratifying, but within our legal system, the attempt to accomplish that outcome
usually
leads to I lose-- you lose-- the lawyer wins!
Don’t get me wrong. Litigation is
necessary part of life in today’s society.
However, most people enter into it much too early without having fully
examined or exhausted all options.
Although, our Network can handle mediations in most areas of the country, we prefer to concentrate in the Northern California area. If you are in need of mediation services outside California and would like to speak to an All Solutions Network service provider in your area, click below.
Have a question? Need advice? Write to the Forum
If you would like to apply to become an All Solutions Network provider, Click Below.
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Bruce E Castro Paralegal & Financial Network