If you were pursuing a legal case, and your attorney screwed up, causing you to lose, you could have a variety of remedies available. One of those is suing the attorney for legal malpractice. However, for many clients who have worked closely with their attorneys for months or even years on a case, close relationships could have developed. The attorney could be more like a friend and you may feel horrible at the thought of suing the attorney for legal malpractice.
Fortunately, in some cases, alternate remedies are available. Instead of pursuing a lawsuit against the attorney, you could consider pursuing mediation or arbitration. Both are forms of alternate dispute resolution. Mediation is a private and confidential process where two parties who are disputing will use a third party to help reach a settlement. Arbitration is a process similar to a trial where both sides will agree to let a third party decide their case.
Mediation and arbitration can offer some great advantages when compared with a lawsuit. First, mediation and arbitration are usually faster than litigation. Court dockets are overflowing in many areas of the country now, and mediation and arbitration can usually be scheduled fairly quickly. Mediation and arbitration can be cheaper in many cases than a lawsuit. If the dispute is of a highly technical or scientific type, mediators or arbitrators with expertise in that area can be chosen. Proceedings are usually private rather than public, such as a trial.
Whether or not you can use mediation or arbitration to settle your claim will depend on what your contract with your attorney says. If your attorney has malpractice insurance, it may depend also on whether the malpractice insurance carrier will allow alternate forms of dispute resolution to be used in determining the case.
Do you believe your attorney caused you to lose your legal case? Are you interested in learning more about arbitration and mediation? Call a Houston legal malpractice attorney today to learn more about your options.