{"id":357654,"date":"2016-04-04T10:41:50","date_gmt":"2016-04-04T15:41:50","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/adr\/mediation\/lawsuit-mediation-trying-to-compromise-before-starting-a-lawsuit.html"},"modified":"2026-06-15T16:31:00","modified_gmt":"2026-06-15T21:31:00","slug":"lawsuit-mediation-trying-to-compromise-before-starting-a-lawsuit","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/adr\/mediation\/lawsuit-mediation-trying-to-compromise-before-starting-a-lawsuit.html","title":{"rendered":"Lawsuit Mediation: Finding a Compromise Instead of Filing a Lawsuit"},"content":{"rendered":"\n
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Lawsuit Mediation: Finding a Compromise Instead of Filing a Lawsuit<\/h1>\n\n
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\n By Lark Lewis, J.D.<\/a> | Legally reviewed by John Mascolo, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Lawsuit mediation gives both sides a chance to resolve a dispute without filing a lawsuit or going to trial, saving time, money, and stress compared to going to court. Through direct negotiation or assisted mediation, parties can explore compromises while preserving relationships and keeping control over the outcome.<\/p>\n<\/div>\n<\/div>\n

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If you can\u2019t reach an agreement, you can still pursue a lawsuit. But mediation often provides a faster, more cooperative path to resolution.<\/p>\n

Lawsuit mediation is a pretrial method for parties to reach a mutually acceptable resolution of a dispute. It involves direct negotiation or assisted mediation and is a form of alternative dispute resolution (ADR)<\/a>. Before you even get to this stage, it’s often helpful and effective to seek compromise directly from the other party.<\/p>\n

Lawsuits are integral to our legal system, but they’re also a messy business. Lawsuits take significant time, money, and energy. An ADR attorney<\/a> in your area can evaluate your situation and explain if mediation is a viable option for you.<\/p>\n

This article discusses both direct negotiation and assisted mediation, emphasizing the process of direct mediation. You’ll also learn about different negotiation techniques and remedies that may be available.<\/p>\n

When Should I Consider Mediation?<\/strong><\/h2>\n

When the person with whom you’re having a dispute is a friend, neighbor, relative, or anyone with whom you have regular contact, lawsuit mediation offers ways to resolve conflicts in an amicable way. Mediation is\u00a0often ordered by the court during the preliminary stages of a lawsuit. One method of avoiding the cost of filing a lawsuit in the first place is to enlist the help of a mediator before filing your case.<\/p>\n

Lawsuit Mediation: What Is Direct Negotiation?<\/strong><\/h2>\n

Direction negotiation, or direct mediation, involves face-to-face negotiation of a dispute. A direct offer to\u00a0compromise can be very effective<\/a>, particularly if your dispute is with someone with whom you wish to maintain good relations. Perhaps that person\u00a0won’t\u00a0admit to complete fault but will consider options that satisfy you.<\/p>\n

Talk to the other party\u00a0with the knowledge that any offers to compromise don’t affect your ability to sue for a greater amount later. For example, if you believe your dentist did a subpar job filling a cavity, you can offer to settle with the dentist for a refund of half the cost. If the dentist refuses your offer, you can still sue<\/a> for the full amount you paid. You won’t be limited by your proposal to settle for half.<\/p>\n

Negotiation Techniques<\/h3>\n

Before negotiating with the opposing party, it’s essential to consider several factors. You’ll want to have a clear idea of your goals before discussing compromise. Factors you’ll want to think about include:<\/p>\n