Fear No Mediation

In a PLI All-Star Briefing, Judge Howard A. Tescher (17th Judicial Circuit, Broward County) examines why lawyers are suspicious of mediation and argues that they should not be, stating:

"Mediation offers the opportunity to explore the strengths and weaknesses of a given case or dispute with a neutral 'expert' trained to see if the matter can be resolved on terms that each party can accept, given the uncertainties of the arbitration or litigation process.

If you accept that mediation is a natural part of the dispute resolution process, as opposed to an alternative dispute resolution process, you will initiate discussions with opposing counsel about scheduling a mediation conference in the same manner that you would normally discuss setting discovery deadlines and final hearing or trial dates."