I received a phone call from a Massachusetts attorney who had been involved in a case that I had mediated some six months earlier but that had not resulted in a resolution at that time. He advised me, however, that the parties had just resolved the litigation.
As I later mused about that phone call, I started to consider the settlement of cases following mediation in general. Over the years, widely varying results relating to the success rate of the mediation process have been claimed, ranging anywhere from 25 to 80 percent. Such results also appeared to have been significantly affected by the nature of the matter subject to mediation: was it subject to court mandate or supervision; did the dispute involve relationships, as in neighborhood disputes; were the claims relatively minor as in landlord-tenant disputes or was major litigation involved?
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