Alternative Dispute Resolution
Jul. 7, 2012
Binding mediation dealing with potential shackels after Bowers
The full impact of the case is yet to be seen, but it is likely to increase the use of "binding mediations"; mediators should take note. By Victor J. Daniels
Given the state court system's ongoing budget cutbacks, and the general continuing financial crisis, both courts and litigants have an interest in early resolution of disputes without the parties going to trial in the future (maybe the distant future).
In the last few years, trial courts have favored mediation over binding arbitration as an alternative to the time and expense of a trial. Lawyers are used to explaining to clients...
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