When the Numbers Are Not So High; Justice Nigh— Seeking Justice from an Imperfect Justice System

By Bart J. Eagle and Adam J. Halper 


Anyone who regularly practices in state or federal court knows that money figures prominently in how
cases are resolved. Often, parties with legitimate claims or defenses have to decide whether it is worthwhile to continue with their arguments given the cost of having good attorneys make them. Consideration of cost leads to very real and psychically challenging results. For example, a plaintiff may forgo bringing a “just” claim because the cost of pursuing it is greater than what they might recover in the end. A defendant will pay to get rid of an unmeritorious claim to avoid expending further litigation costs. As a result, settlements often bear no relationship to the actual merits of a dispute.

Click here to view the full article originally published in NYSBA’s New York Dispute Resolution Lawyer publication (Summer 2020 Vol. 13 No. 2).

Finding the Right Mediator


An effective mediator can go a long way to help parties resolve, or, at the very least, narrow the issues in a dispute. An ineffective mediator can accomplish little other than wasting the parties’ time and money. Mediation is an opportunity to arrive at a settlement reasonably acceptable to you and at far less cost — and in far less time — than if you had to litigate the case all the way to a verdict.

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