It is not unusual for litigants and lawyers to complain that, once initiated, a lawsuit proceeds inexorably through the court system without yielding a result that suits the interests and needs of the parties. The realization typically comes too late, after an unfavorable judicial decision or jury verdict. The financial impact and emotional toll of a protracted dispute may literally add insult to injury.
Complementary dispute resolution (CDR) can remedy this chronic syndrome, alleviate stress and produce greater client satisfaction. Mediation in particular is based on the principle of self-determination by means of facilitated communication. According to R.1:40-2(c), it is a process whereby a neutral person “facilitates communication between parties in an effort to promote settlement without imposition of the facilitator’s own judgment regarding the issues in dispute.” (Emphasis added.)
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