Mediation is a wonderful tool, and I have seen it work quite effectively. Recent recommendations by the Supreme Court’s Complementary Dispute Resolution Committee, however, would have a negative and destructive impact on the family mediation pilot program.
These recommendations include discontinuing the pre-Early Settlement Panel mediation assignment, permitting attorneys to select the mediator and permitting the judges to subjectively assign cases for mediation without having a mechanism in place for random selection.
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