No one likes to be sued. A lawsuit is an indication that you might have done something wrong, or at the very least that someone thinks you did. As in-house counsel, I know my client very well. And I know that executives everywhere are often upset about the filing of a lawsuit against their companies in the first place. They say, “I did nothing wrong,” or “They injured me!” Why should a company negotiate, especially before a court orders it to do so? What if the company ends up paying money that it wouldn’t have had to pay? It is my job to answer these tough questions and to explain why negotiation before litigation can be the best course of action. Even though we may eventually win a case and may even get attorney fees, the company’s interests are frequently best served by early mediation of a dispute. This is because early mediation offers three key benefits.
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