We’ve Handled Hundreds of Trials. Here’s Why Experienced Trial Lawyers Believe Mediation Is Almost Always Better
By Joel Thurston | Keist Thurston Law Firm
At Keist Thurston Law Firm, we are trial lawyers. We have represented clients in hundreds of trials and evidentiary hearings throughout Arizona. With a combined experience of over 100 years, we know what it takes to prepare a case, present evidence, examine witnesses, and persuade a judge. And after years of courtroom experience, we have reached a conclusion that might surprise you:
One of the best things an experienced trial attorney can do for a client is help that client avoid an unnecessary trial. Why? Because winning in court is not always the same as achieving the best outcome for your life, your family, or your business. Recently, during a mediation consultation involving a divorcing couple, I was reminded why I believe so strongly in mediation.
A Real-World Example: What Happens to the Family Home?
During a consultation, a couple faced a familiar problem: they owned a home together, and one spouse wanted to keep it. The question was how to determine the home’s value and fairly compensate the other spouse. In traditional litigation, the parties might hire separate attorneys, dispute the property’s value, obtain competing appraisals, and ultimately ask a judge to decide whether the property should be sold or awarded to one spouse. The process could take months and cost thousands of dollars. But mediation offered another possibility. We discussed several practical alternatives. The parties could agree on an independent appraisal, use mutually acceptable valuation information, or negotiate a fair value themselves. More importantly, they could negotiate how and when a buyout would occur. Perhaps one spouse could pay the other over twelve months rather than immediately. Perhaps other marital assets could offset the amount owed. Perhaps the parties could reach an arrangement that avoided selling the home altogether.
As I explained during the consultation, mediation allows parties to be creative in developing lawful, mutually acceptable solutions. That is one of mediation’s greatest advantages: the parties can design an outcome that fits their lives rather than surrendering the decision to a judge. This consultation illustrates the possibilities mediation creates. It does not establish that the couple ultimately settled, but it demonstrates how the process can turn a potentially expensive legal battle into a practical problem-solving discussion.
- You Keep Control Instead of Giving It to a Judge
When parties cannot agree, they eventually ask a judge to decide. That judge may be intelligent, experienced, and conscientious. But the judge does not know your family, your business, or your priorities as well as you do. The judge must decide based on the applicable law and the evidence presented. In mediation, you maintain control over whether to accept a proposed resolution. You can negotiate terms that address your circumstances, priorities, and concerns. Nobody knows what matters most to your family or business better than you do. Why surrender those decisions to a stranger if a reasonable agreement is possible?
- Mediation Can Save an Extraordinary Amount of Money
During that same consultation, I explained the difference between the cost of a one-day mediation and traditional divorce litigation. At the time, our firm offered a one-day divorce mediation for $5,000. For many couples, that amount could be substantially less than the combined cost of retaining separate attorneys and proceeding through contested litigation. I also discussed a prior mediation involving a couple with significant assets. Despite the financial complexity of their situation, we were able to complete their mediation in one day. Had they pursued traditional litigation, their combined attorney fees could have been substantially higher. Of course, every case is different, and not every mediation concludes in one day. Some matters require additional financial disclosures, professional valuations, or multiple sessions. Nevertheless, the financial advantages can be remarkable.
Think about what happens in litigation. Each side pays an attorney to review documents, prepare correspondence, conduct discovery, file motions, prepare for hearings, and potentially conduct a trial. In many cases, both parties are paying substantial legal fees from the very assets they are fighting to divide. Why spend $50,000 fighting over a $100,000 disagreement if a fair compromise can be reached for a fraction of that amount?
- Mediation Offers Flexibility That Courts Often Cannot
In our consultation, we discussed how a court might address a disputed home. Depending on the evidence and circumstances, a judge would nearly always order the property sold or award it to one spouse subject to a buyout within a specified period. But what if that deadline creates an unnecessary financial hardship? What if refinancing would require surrendering a favorable mortgage interest rate? What if both parties would benefit from allowing additional time? Mediation allows parties to explore arrangements that might not otherwise be available through a contested court ruling.
The same principle applies to business disputes, probate conflicts, and other civil matters. Parties can negotiate payment schedules, property transfers, continuing business relationships, and other lawful arrangements that address their actual needs. A negotiated agreement can be more valuable than a judgment because it is tailored to the people who must live with it.
- Mediation Reduces the Emotional Damage of Litigation
After handling hundreds of trials and evidentiary hearings, I can tell you that litigation frequently takes a toll far beyond attorney fees. It consumes time, creates anxiety, disrupts families, and sometimes permanently damages relationships. In divorce cases, the emotional consequences can be particularly devastating. Parents may spend years fighting over their children. Family members may become entrenched in opposing positions. Every disagreement can become another motion, hearing, or accusation. The same thing happens in probate litigation when siblings fight over an inheritance or in business litigation when former partners become adversaries.
Mediation changes the focus. Instead of asking how to defeat the other party, we ask how to resolve the problem. You can resolve a legal dispute without resolving every personal disagreement that caused it. And sometimes, simply ending the conflict is one of the greatest benefits a client can receive.
- Mediation Replaces Uncertainty With an Agreed Outcome
Clients often ask me whether they will win at trial. The answer is that no responsible attorney can guarantee the outcome. Even strong cases involve risk. Witnesses may testify unexpectedly. Evidence may be excluded. Judges may evaluate credibility differently than anticipated. Legal issues may be decided against you. And even a favorable judgment can lead to post-trial motions, appeals, or collection difficulties. In mediation, the parties can weigh those risks against the certainty of an agreed resolution.
Neither party may receive everything originally demanded. But both can achieve an acceptable outcome without risking everything on a contested ruling. An experienced trial lawyer brings an important perspective to this discussion because we understand what actually happens in court. We know the difference between what a client believes should happen and what the evidence and law may permit a judge to order. That experience makes us better equipped to help parties evaluate realistic settlement options.
- Mediation Can Preserve Relationships
One of the saddest aspects of litigation is watching relationships deteriorate as legal expenses and hostility increase. This is particularly troubling when the parties must continue interacting after the case concludes. Divorced parents still have children to raise. Business partners may still share professional relationships. Siblings remain family members after their parents’ estates are distributed.
Mediation cannot guarantee reconciliation. But it can create an environment in which parties communicate respectfully, identify common interests, and work toward a mutually acceptable outcome. Sometimes preserving even a small measure of goodwill is worth far more than winning another contested hearing.
- Mediation Can Resolve Disputes in Days Rather Than Years
In the recent consultation, I explained how an uncontested divorce might proceed through Arizona’s summary consent decree process, compared with the traditional contested litigation process. When parties can agree on the necessary terms and satisfy the applicable procedural requirements, they may be able to prepare and submit their divorce paperwork together without pursuing the full adversarial process. That does not eliminate Arizona’s statutory waiting periods or guarantee immediate entry of a decree. But it can eliminate much of the unnecessary conflict, discovery, and motion practice that often accompanies litigation.
The same principle applies to many other disputes. Instead of waiting months for a court hearing, parties may be able to schedule mediation and resolve their disagreements much sooner. Time has value. So does the ability to move forward with your life.
- For Christians, Mediation Reflects a Biblical Commitment to Peace
At Keist Thurston Law Firm, our Christian faith is not merely a marketing message. It shapes our understanding of our professional responsibilities and how we should treat others. Jesus taught: “Blessed are the peacemakers, for they shall be called sons of God.” — Matthew 5:9 (ESV) The Apostle Paul instructed believers: “If possible, so far as it depends on you, live peaceably with all.” — Romans 12:18 (ESV). And in 1 Corinthians 6:1–8, Paul challenged Christians to consider whether their disputes should be resolved through litigation rather than through wise, peaceful resolution within the community of believers. I was personally convicted by this passage recently when I was contemplating filing a lawsuit against another professional with whom I had done business for many years. He breached a contract we had. In I Cor 6:7, Paul asks the Christian to consider being wronged rather than pursue a legal dispute in court against a brother or sister. So, that’s what I did. It was a small thing compared to the rights Jesus gave up to save me.
These passages do not mean that Christians should never pursue legal remedies. Courts serve a legitimate and necessary purpose. Sometimes litigation is required to protect vulnerable people, enforce legal rights, or obtain justice when another party refuses to act reasonably. But Christians should be particularly mindful that being legally entitled to fight does not always mean fighting is the wisest or most faithful choice. Mediation offers an opportunity to pursue fairness and justice while demonstrating humility, patience, and a willingness to seek peace.
When Is Litigation Necessary?
We recognize that mediation is not appropriate for every dispute. Sometimes parties refuse to negotiate in good faith. Sometimes critical information is concealed. Sometimes coercion, abuse, or significant power imbalances make meaningful negotiation impossible or unsafe. And sometimes a party must seek immediate judicial protection or enforce an important legal right. When those circumstances arise, clients need experienced litigators who are willing and able to go to court. Our commitment to mediation does not diminish our commitment to trial advocacy. In fact, the two complement one another. The strongest settlement position often comes from being genuinely prepared to try the case if a fair resolution cannot be reached.
Our Philosophy: Prepare for Trial, Pursue Peace
After hundreds of courtroom appearances, I have learned that the best legal outcome is not always the one that produces the most dramatic courtroom victory. Often, it is the resolution that allows clients to preserve their assets, protect their relationships, reduce their stress, and move forward with their lives. That is why we believe so strongly in mediation. At Keist Thurston Law Firm, we measure success not by how much litigation we generate, but by how effectively we serve our clients. Sometimes that requires an aggressive courtroom defense or prosecution. But when a fair, efficient, and lasting agreement is possible, mediation is almost always worth pursuing first. We know how to fight for our clients. Experience has taught us that sometimes the best way to fight for them is to help them find peace.
Give Mediation a Chance Before You Go to Court. Whether you are facing divorce, a business dispute, probate litigation, or another civil conflict, we invite you to explore mediation with Keist Thurston Law Firm. Our mediation services draw on years of Arizona trial experience and a commitment to helping parties reach fair, practical resolutions. Before you spend thousands of dollars fighting in court, discover what mediation might accomplish.
Visit www.ktolawfirm.com/mediation to learn more.
Keist Thurston Law Firm — Experienced Litigators. Committed to Peaceful Resolution Whenever Possible.
Disclaimer: This article is for general informational purposes and does not constitute legal advice. Mediation is not appropriate for every dispute. Outcomes, costs, and timelines vary. A mediator serves as a neutral facilitator and does not represent either party