Except in the context of small claims, litigation of modest disputes is becoming increasingly cost prohibitive. Contrary to the belief of many litigants, the courtroom does not ordinarily produce a “winner”, if winning means obtaining an economically beneficial net result. On the other hand, parties on both sides of a case often find that the overall expense of litigating exceeds their expectations, sometimes dramatically so.
The costs and legal fees of taking such matters to trial ordinarily are sufficient to assure that neither party achieves an economically beneficial outcome.
Even in the context of contingent fee cases, the costs associated with expert witnesses, depositions, obtaining medical records or other documents, surveys, court fees, legal process and messenger fees, and related administrative expenses are often sufficient to exceed a litigant’s share of favorable jury verdicts or arbitration awards.
For that reason, Lucas & Lucas, P.S. encourages early resolution of disputed matters, before mounting legal fees and costs compound the difficulties of achieving mutually acceptable settlements.
LUCAS & LUCAS, P.S., on request of party litigants, is available on an appointment basis to serve as an independent third party mediator, and is now accepting mediation matters anywhere in Washington State.