1. They are giant and will crush you like a bug. They have unlimited resources and can take as many expert witness depositions as needed to build their case against you. You on the other hand with limited about of money to pay for these witnesses will have pay a lot of out of pocket expenses to build a strong case. This is how the court works. If you do not have a deposition of the testimony then the facts don’t make it to court and your case is weak.
2. The outcome of your lawsuit will be public record. Your settlement about will be for all to see. This $100,000 that you were awarded will appear as so and not “after expenses”. Meaning after your lawyer gets his 40% fee and you have paid off the doctors bills and in some cases you have even paid for the lawyer expenses of the opposing side. So anyone that googles your name will think you just came into big money and not the fact that after all was said and done you end up with nothing.
3. You feel really bad about suiting someone. This may be against your religious beliefs and you may perhaps be shunned by those close to you.
4. When going to trail as opposed to mediation their is a risk of never knowing the outcome. You get a group of jurors that may or may not like you, believe you or think you have a case. So you could potentially walk away with the outcome ruling against you.
5. It takes a lot of nerves and time. You will have to put a lot of time into the preparation of making a strong case. Then the actually time in trail could be stretchered over a large period of time. It could be days sitting in a courtroom listening to testimonies. You, your friends and perhaps family will have to testify. This is the most stressful part and some feel that it is not work going to court. Some cannot take this pressure.
So before you turn down the option of mediation, be aware of this disadvantages, but do keep in mind that you do have the right to go to court and have a jury of your peers determine your outcome instead of some lawyers that more than likely don’t have your best interest at heart.