Proud though we are of our judicial system in New Jersey, the fact remains that litigation in this day and age is replete with problems, sometimes caused by the sheer number of cases awaiting trial, the availability of judges to try them, the costs associated with preparation (discovery, obtaining witnesses, experts etc.) as well as the length of time before a trial date is provided. The net result may be, in the words of the old adage, justice delayed is justice denied.

We do not suggest that mediation, mandatory or voluntary, is a panacea for the foregoing, but we do feel that, oftentimes, resorting to it may achieve for the parties significant savings in money and time. Of course, there are occasions when only the guiding hand of a court will bring about a resolution of the issues, and mediation is perceived to be unproductive. Despite that truism, we believe that there are many occasions when, perhaps to the surprise of the parties and/or their counsel, mediation will produce a settlement where such originally appeared to be unlikely.

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