Why “We’ll See What the Judge Does” Is Often the Most Expensive Strategy
- Phillip McCallum
- 5 days ago
- 2 min read
At some point in almost every case, you hear it:
“Let’s just see what the judge does.”
On its surface, it sounds reasonable. It suggests patience, confidence, and a willingness to let the process play out.
But in reality, it is often one of the most expensive decisions a client can make.
The Illusion of Certainty
Litigation gives the impression that clarity is just one more motion, one more deposition, or one more hearing away.
It rarely is.
Judicial decisions are, by nature:
Unpredictable
Fact-sensitive
Influenced by timing, presentation, and context
Waiting for a ruling in hopes of certainty often produces something very different: more uncertainty layered on top of sunk cost.
The Cost of Waiting
Every step forward in litigation comes with a price:
Additional attorney time
Expert costs
Discovery expenses
Client distraction and fatigue
But the more subtle cost is this: positions harden.
The longer a case continues:
Expectations become more entrenched
Narratives become more rigid
Flexibility becomes more difficult
By the time a ruling arrives, the case may be further from resolution—not closer.
The Risk of Binary Outcomes
Mediation allows for nuanced outcomes.Litigation often produces binary ones.
When you defer decision-making to the court, you’re accepting:
Limited control
Limited creativity
And outcomes that may satisfy neither side
Even a “win” can feel incomplete when measured against time, cost, and risk.
A Better Question
Instead of asking:
“What will the judge do?”
A more useful question is:
“What is a good decision for the client today, given the risks?”
That shift—from prediction to decision-making—is where real value is created.
The Mediator’s Role
A good mediator helps parties evaluate:
Risk realistically
Cost honestly
And opportunity clearly
Not to push settlement—but to ensure that when a decision is made, it is intentional, informed, and aligned with the client’s goals.
