If you ask most people, they would likely say that lawyers are a necessary evil. If you ask most lawyers, they would likely say that mediation is a necessary evil — something they must endure to get to the next stage of their litigation.
However, I submit that such a view is shortsighted. Indeed, mediation can be a very useful tool in a litigator’s toolbox, but choosing when to use that tool is sometimes hard. Should a client attempt a pre-suit mediation? Should you mediate early in a case? Should you use an actual mediator or attempt to mediate informally? Should you use opening statements? These are just some mediation questions that litigators face.
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