Why Compromise is Almost Always the Smarter Move

By Randy Lambert

Florida Supreme Court Certified Circuit, County, and Family Mediator

Florida Supreme Court Qualified Arbitrator

Before I became a mediator, I spent years as a civil trial attorney. I tried cases I was certain I would win. I also tried cases I was sure were lost causes before the jury even took their seats.

I lost some of the cases I was sure I'd won. And I won some I had all but written off.

That experience shapes how I see every mediation I conduct today. Being confident in your case is fine. Being certain about the outcome is a risk.

Almost No Case Is Perfect

When a dispute lands in litigation, each side usually believes the facts and the law are on its side. That's natural. Lawyers advocate, and clients feel wronged. But in my experience, the vast majority of civil disputes are far from one-sided.

Most cases have good facts and bad facts. There's a strong witness and a shaky one. There's a helpful document, and there's an email you wish had never been written. The law may lean your way on one issue and against you on another.

That doesn't mean your case is weak. It means your case is normal.

Know Your Strengths, and Be Honest About Your Weaknesses

The most productive mediations I see happen when both sides do two things.

First, they know their strengths. They can explain clearly why they should win and what evidence supports it. That confidence gives them credibility at the table.

Second, and this is the hard part, they are honest about their weaknesses. They've looked at the parts of the case the other side will hammer on and asked themselves how those would land in front of a jury.

Attorneys, this is where you can help your clients most. Clients often hear only the good news from their own side, and it's easy to fall in love with your best argument. A good lawyer helps the client see the whole picture, including the parts that aren't as flattering. This is a conversation worth having, even when it's uncomfortable. You can't make a smart decision about settlement if you only look at half the case.

The Jury Factor

Here's the part that surprises people. Even if you've done a perfect job weighing your case, you still don't know who will decide it.

A jury is a group of strangers. They come from different backgrounds, hold different life experiences, and bring different opinions about money, business, fairness, and responsibility. You don't get to choose them the way you might choose a business partner. You get a handful of people who happen to be summoned that week, and you hand them your fate.

Some jurors will connect with your client. Some won't. One strong personality in the jury room can steer the whole group. Someone may fixate on a detail you thought was minor, or ignore the one you thought was the heart of the case. I've seen all of it.

That's why I say juries are unpredictable. Two juries could hear the exact same evidence and reach completely different verdicts. And that's not a flaw in the system. It's simply what happens when people are asked to decide disputes.

What Trial Really Means

When you take a case to verdict, you're giving up control. In mediation, you and the other side decide the outcome. At trial, strangers do so, and their decision may be final. It may also lead to appeals, more expense, and more time.

Then there's the cost that doesn't show up in a legal bill: the stress. Trials are exhausting. They can take a toll on your business, your family, and your peace of mind. Waiting on a verdict, with everything on the line, is one of the hardest experiences a litigant can go through.

Compromise Isn't Losing

Some people hear the word "compromise" and think it means giving up. I see it differently.

A good settlement is one that both sides can live with. Nobody walks away with everything they wanted. But you walk away with certainty, and that has real value. You know the number. You know the terms. You can plan for what comes next instead of waiting on a jury.

Compromise is a decision to take the risk out of the equation. It reflects good judgment, not weakness.

Coming to the Table Ready

If you're headed to mediation, here's what I'd encourage:

• Come prepared to talk about the strengths of your case.

• Be ready to hear, and consider, the weaknesses.

• Keep an open mind about what a fair resolution might look like.

• Remember that no one can promise you what a jury will do.

When both sides show up willing to move, that's when resolutions happen. The parties get to shape the outcome themselves, on their own terms and on their own timeline.

Final Thoughts

I've been on both sides of the surprise. I've lost the case I thought was a sure win and won the one I'd nearly given up on. That's the nature of trial, and it's why I believe so strongly in the value of resolution.

If you're an attorney or a party in a civil or family dispute and you're wondering whether mediation might help, I'd be glad to talk. At Middle Path Mediation Services, my goal is to help people find a path forward that they can accept, without leaving everything to chance.

Visit www.mp-mediationservices.com to learn more or to schedule a mediation.

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