If you watch some of any popular law series on TV, you would believe that every litigant has his day in court in front of a judge and jury. Statistics tell us a different story. According to the Administrative Office of the U.S. Courts, less than 1% of all civil cases filed in federal court reach trial—the number actually is a stunning 0.7%. Whether the reasons are due to the high costs of trying a case and or the uncertainty of a jury, litigants and their counsel are taking case resolution into their own hands. As a result, alternative dispute resolution has boomed, creating its own industry where retired judges and attorneys preside as mediators and arbitrators.

With the right preparation and planning, mediation can prove to be a powerful tool for resolving high exposure cases. In this article, we review considerations that should be addressed to set your high exposure case up for settling success.

Who Is the Mediator?

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