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In most instances, deciding to mediate or litigate is a key moment in the life of a case. There is always great risk if the parties utilize the litigation process and proceed to trial. One side can have a great victory while the other side can suffer a terrible loss, or there could be a result somewhere in between. Your client could be ecstatic or extremely dismayed. There is always the possibility of an appeal, which extends the life of the case, increases costs, creates further uncertainty, and raises the possibility of a retrial. A successful mediation gives the parties certainty, controls costs, and allows the parties to maintain control over the process and the decisions that will be made. As a judge in the Trial Assignment Part (TAP), I have presided over numerous trials, and now as a private mediator, I have a unique perspective from both sides on these issues.
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