We’ve all heard the saying “Honesty is the best policy.” I guess I’m about to find out if that’s true. In this issue, I will discuss why I believe MEDIATION IS THE HOLY GRAIL. Many of my colleagues would disagree, but after trying cases for most of my career and having served as a full-time neutral for the past five years, I’m convinced it’s the best option for resolving cases while keeping your clients’ best interests in mind. Think for a moment about how many issues could be avoided when facing a trial or arbitration if counsel were to focus on reaching a fair resolution for their clients. Mediation works. At an annual meeting of the American College of Civil Trial Mediators, I learned that, according to statistics, a vast majority of cases are resolved at mediation even when it is court-ordered.
Here are some factors to consider regarding mediation:
1. Mediation can eliminate the stress and emotional toll associated with going to trial or participating in an arbitration.
2. Mediation can result in finality. It usually produces a fair resolution, at which point the case can be dismissed in court.
3. Mediation works. As the data suggests, mediation gets results, i.e., closure...
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