By Ian Lane – July 7, 2022
As most attorneys know, the litigation process is often time consuming, costly, and frustrating to both litigants who want resolution and advocates who want to do their best for their clients but have practical business-related issues that they must deal with. One cannot help recalling that old phrase from William E. Gladstone that “Justice delayed is justice denied.”
With this in mind, advocates for efficient justice often suggest mediation as the ideal way to resolve civil disputes. It goes without saying, that when a case presents itself as a good mediation candidate, mediation can be the fastest, most efficient, and therefore, most practical means of resolution. However, in this brief analysis, I hope to make a reasoned argument why mediation is a beneficial option even when the chances of successfully resolving the case are minimal.
NOTE: Published in Section of Litigation-Alternative Dispute Resolution Article, July 7, 2022 © 2022 by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association.