As a general notion, no one can seriously dispute the premise that most legal disputes are best resolved outside of the public judicial system. Poorly funded courts, jurists with disparate levels of experience (and intelligence), unpredictable jury verdicts, ever-increasing legal expenses and long delays at the courthouse doors have led many to conclude that there must be a better way. Has alternative dispute resolution solved the shortcomings of our courts? As many large companies have discovered, ADR is not a panacea. Mediation and arbitration can be expensive and ineffective despite the promises of “quick and efficient” results. If used effectively, however, these alternatives can provide large companies with greater outcome predictability and reduced costs.
Here are 10 time-tested principles to assist you in deciding how and when to use mediation.
