Start a Lawsuit

If mediation fails, you still have the right to file a lawsuit (unless you have already signed a contract to proceed to binding arbitration). To do this, you can bring an action in civil trial court, either by hiring a lawyer to represent you or by representing yourself.

Even if you end up having to file a lawsuit, don’t feel that the time you spent trying to mediate was wasted. At least one study has shown that those who tried to mediate their cases are more likely to pay a judgment than those who never tried mediation.

HIf you decide to represent yourself, pick up a copy of Represent Yourself in Court, by Paul Bergman & Sara Berman-Barrett (Nolo),

an excellent resource that will help you prepare and try your own case. If you will be working with a lawyer, The Lawsuit Survival Guide, by Joseph Matthews (Nolo), explains every step in the litigation process. ■