Image courtesy of Serge Bertasius Photography / freedigitalphotos.net

Any attorney dreads the moment when he or she is named as defendant in a case involving legal malpractice, unfortunately, the scenario is all too common in today’s legal environment.   Your own legal expertise informs your decision to deal with it as soon as possible—letting the situation escalate via discovery is a great way to ensure a trial.     And as many attorneys-turned-defendants are learning— legal malpractice mediation is your best bet to resolve and de-escalate the conflict as quickly as possible.

Here’s why:

• Mediation acquaints you with your primary ‘adversary’ in the situation—the plaintiff’s attorney

The process of mediation will provide the opportunity for you to discuss your “side of the story” with the plaintiff’s attorney from the onset, which can be enormously beneficial.    The plaintiff’s attorney has only heard their client’s side, and is likely taking the case on contingency, so laying it all out on the table via mediation has a good chance of redirecting and rebalancing the case away from court and more in your favor.

Think of it this way:  when the client’s attorney hears all sides and has a clearer picture of probable cause (or the lack thereof), he or she will be more likely to suggest early settlement to avoid extensive legal fees that have a strong possibility of not being recouped.

• Mediation is a neutral setting

Entering into mediation is entering into neutral grounds.    Mediation provides a safe place for all parties involved in the dispute to meet and discuss the details of it without the “me against them” atmosphere that is often present during litigation.

• Mediation is not “free discovery”—it’s de-escalation

The debate surrounding the wisdom of legal malpractice mediation often mentions the fact that legal malpractice mediation is essentially “free discovery” or “giving the other side too much information.” While these are certainly considerations, this view fails to consider the benefits that information provides to both sides—communication is the key to de-escalation of conflict.