In Court

I’m already involved in a lawsuit, so does that mean it’s too late for me to seek an alternative means of resolution?  I didn’t even know I had options until now!  Is there anything I can do now?

It is very definitely NOT TOO LATE and you certainly have options!

At nearly any point in litigation, you can seek a resolution through mediation (or even arbitration) and our experience is that judges will often bend over backwards to facilitate the parties’ attempts to resolve things out of court.  In fact, if you didn’t already know, in most Florida jurisdictions, you are going to be ordered to go to mediation before the judge will even let you proceed to trial — whether you like it or not!  Why not do it now (unless of course you just love paying those lawyer fees . . .)?  Remember also that ControlAltDispute uses only Florida Supreme Court Certified mediators so there should be no qualification issues with any judge before granting your motion to go to mediation.

If you are already involved in litigation now, then you already have a first hand view of what it is like — and you probably also have an idea of what is in store for the next few months (or years).  The emotional and financial toll can literally be devastating and there is almost certainly no “reconciliation” at the end.  Somebody is going to “lose” — and it might be you.  If you think there is no way you can lose, just ask your attorney for a guarantee of success and see what he says . . . .

To be clear, there will be a resolution in the end — because the judge (and/or jury) is going to impose his/their will on all of the parties, including you, without any regard to what you may want or think is best or “right.”

All of the power to fashion a resolution is in the hands of the parties right nowYou are free to create your own ending to your story.  In fact, did you know that you usually have more power than the judge?  That’s right!  Judges are constrained by all sorts of restrictions about what they can order.  You are not similarly constrained.  The parties themselves are free to be creative in what they decide.  Eventually, though, that power will be taken away from you, and the judge will have it all, and it will be too late.