Alternative Dispute Resolution
May 10, 2016
The mystery of mediation
Why is it necessary or even useful to enlist the aid of complete strangers to the case who, in the day or two they devote to it, cannot possibly approach the parties' knowledge of it? By David M. Balabanian
LESSONS LEARNED
On the face of it, it's hard to understand why mediation has become the final stage of much litigation.
At the point where mediation usually occurs:
* The lawyers will have spent months analyzing the applicable law.
* The facts will be largely known through discovery - or at least fixed for purposes of the case - and open questions of law resol...
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