This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...

Feb. 4, 2026

Why litigation leaves everyone wrecked and the role of mediators after ABA Opinion 518

ABA Formal Opinion 518 reshapes but does not eliminate the ability of skilled mediators to ethically guide parties from litigation trauma to resolution.

Leonid M. Zilberman

Partner
Wilson Turner Kosmo LLP

Phone: (619) 236-9600

Email: lzilberman@wilsonturnerkosmo.com

Lonny practices employment law, diversity, equity, and inclusion as well as mediation and alternative dispute resolution and provides anti-harassment and other employment-related training to California Employers.

See more...

Why litigation leaves everyone wrecked and the role of mediators after ABA Opinion 518
Shutterstock

Many mediators quote Voltaire's famous words regarding the high cost of litigation: "I never was but twice in my life completely on the verge of ruin -- first, when I lost a lawsuit, and secondly, when I won one." This insight highlights that the financial and emotional drain of lawsuits makes the winner nearly as drained as the loser. ABA Formal Opinion 518, issued on Oct. 15, 2025, seems like it may...

To continue reading, please subscribe.
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$895, but save $100 when you subscribe today… Just $795 for the first year!

Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)

Already a subscriber?

Enewsletter Sign-up