Each and every day seems to bring more grim news about this nation’s economy. This means that each day state and local governments are under increasing pressure to control costs and tighten already taut budgets. Governmental entities can and should examine the out-of-pocket very real expenses associated with litigation to determine whether this typically unpredictable expense can be limited and controlled.
One option is pre-suit mediation. What better way to avoid the costs of discovery and to limit mounting attorney’s fees than to never file suit at all but rather resolve the case at or before its inception. And, the option of pre-suit mediation need not be left to Plaintiffs. Rather a suggestion of pre-suit mediation can and should be made by any potential party to a cause of action. We can pretend to bury our heads in the sand and act surprised when suit is filed against our clients but the reality is that we know when someone out there is disgruntled and contemplating suit. Why not seek a third party neutral’s assistance to suggest a pre-suit mediation before too much time, money and emotion are spent.