Alternative Dispute Resolution
May 20, 2025
Slaying the litigation dragon: institutional reforms to make mediation the first strike
How incentivizing early mediation and restructuring dispute resolution pathways can serve as the sword and shield needed to tame the costly and unruly dragon of litigation.
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In Part I of this series, "I explored pre-litigation pathways to expand the use of ADR to achieve its overall promise - efficiently meeting the interests of the parties through negotiation. "Mediation reigns, but the litigation beast ...
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