Most attorneys know about, and use, some form of alternative dispute resolution as part of their litigation practice, as do many sophisticated business professionals. Most ADR is brought into disputes, or lawsuits, after thousands of hours and dollars have been spent “fighting the fight.” How many of us ever consider the idea of mediating a contested matter before it matures into litigation?
After more than 36 years of law and mediation practice, my answer is, sadly, “very few.” All too often, personal, financial or business concerns overshadow the simple truth — an early evaluation of an issue and the involvement of a skilled neutral third-party mediator may set the course for an expeditious settlement. At minimum, pre-suit mediation can build a bridge over the risks, known and unknown, which can consume resources and have a destructive force that prudence would tell all parties to avoid. The following illustrates why pre-suit mediation is a grossly underutilized vehicle for litigation avoidance.
Why Pre-Suit Mediation
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