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Case #4:  Two Attorneys and Early Mediation


Summary:  If the two attorneys who represent each of you cannot work together as collaborative attorneys, then you should try to mediate your case early, before you get into the court process.  Or, as soon as the court process begins.


Early Mediation Using Separate Attorneys

The best approach if the case has been filed (or even before) is to use an independent mediator if you cannot resolve the case early through settlement discussions.

Do your exchange of disclosures and then try mediation.

Ask your attorney and the other party what they think the ultimate result will be.  If there is a lack of credibility, then you may have a case for an award of attorney fees.

If you aren't getting anywhere, then schedule your case for trial. That will put pressure on everyone to settle or take the risk and expense of a trial.

Remember, the results of your case are very predictable.  So, it is best to get on with it.

GIF The material on this web site is for informational purposes only. This law firm practices only in Colorado. An attorney-client relationship is established only when an agreement as to the scope of representation and fees has been signed and a retainer paid. Colorado law may consider these web site materials to be attorney advertising. GIF
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