I got a phone call yesterday from a prospective client who is trying to recoup a relatively small amount of money from another party. After listening to his story, I asked him to consider whether or not it was actually worth it for him to pursue the claim. If he went to court, filing fees would quickly pile up, and if he decided to mediate, my hourly rate would quickly overshadow the original amount under dispute.
As a mediator, it's important to behave ethically when discussing options with prospective clients. While I love to mediate, I have to ensure that it's the best possible path for my clients to take. We'll see what this client decides to do, but I feel like I've fulfilled my ethical duty in this regard.
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My father, the lawyer, has noted that certain classes of clients will litigate each other to death, even when the amounts of money are clearly below the threshold for making it economically worthwhile to do so. His usual example is doctors suing other doctors in their practice. Something about doctors makes them extremely litigious and very unwilling to give up, even when it's obvious that they should. Hence, he never represents doctors anymore. (This is, of course, not to say that any particular doctor will behave this way. Your mileage may vary.)
ReplyDeleteIt's a good point, Matt. My hope is to avoid those clients who are just seeking to torment each other. I'd rather work with people who really want to come to a collaborative solution. The courts are much better suited to prolonged agony, even if it is a waste of public resources.
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