Reprinted with the permission of Law Bulletin Publishing Company on January 6, 2013.
In recent years, the legal profession has felt pressure to hold down legal costs and to find expeditious, cost effective methods of resolving disputes. A variety of alternative dispute resolution methods have been developed to respond to these concerns, including arbitration, mediation, mini-trials, summary jury trials, private judging and expert fact finding. Trial lawyers should always consider the method best-suited to their clients’ problems.
Mediation has grown in popularity because it operates in an informal, confidential atmosphere that leaves decision making in the hands of the parties. Mediation of complex commercial disputes can result in prompt, efficient business resolutions, and can be utilized at any stage of the litigation process. Mediation permits parties to achieve business objectives that might not otherwise have been attained, even if a client is successful at trial.
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