Why Should Trial Lawyers Be Concerned With Mediation?
It’s here; it works. Mediation serves the client and the court system and clients favor it More than 200 public corporations have subscribed to corporate statements of principle committing to explore ADR before full scale litigation. The settlement rate for cases mediated with qualified mediators is 80%-.90% or more. At least 25 states have adopted ADR statutes (federal legislation is pending), 111 of the 175 ABA accredited law schools now offer ADR courses, and at least 38 federal cases since 1983 discuss ADR in published opinions. “When mediation works, it typically leads to greater party satisfaction than the win-lose results of litigation. When mediation .. . fails, litigation will … still be available.” What Are The Mechanics Of Mediation? The parties and their attorneys commit to a good faith effort to settle the case. All persons necessary for a decision to settle the case must be present during the entire mediation session. The mediator lays the ground rules, describes the pr
