Category Archives: Mediation

Early Mediation Works for Lawyers as Well as Clients

I have written and spoken regularly on the benefits of early mediation in a litigated dispute. The reasons for early assistance from a neutral third party are compelling: Over 95 percent of civil cases settle. Unnecessary delay and expense before reaching the point of addressing settlement is commonplace. Resources are often wasted through engaging in surplus motions and discovery, which can be largely driven by posturing and “showing strength”. Early work with a capable, impartial third party can, at a minimum, focus the dispute on what really matters and what... Read More

The State of Mediation—And How to Make it Better

Have you recently convinced a client that the pain and cost of litigation make litigation a poor choice compared to mediation, only to have the client unhappy with the mediation session? If so, your experience is not unique some experts say. Questions have been raised recently by commentators in the dispute resolution field about whether mediation generally is living up to its full potential, and, in particular, what might be done to improve both outcomes and satisfaction with the process. This question was dealt with in two national programs I... Read More