Arbitration & Mediation

'Trials, as a method of dispute resolution, have been trending downward for years. For example, the number of tort trials in the federal courts declined by 80% from 1985 to 2003. Of the 98,786 tort cases resolved in federal court in 2002 and 2003, only 1,647, or 1.7%, were decided by trial. The other 98.3% of the cases resolved in those years were either dismissed prior to trial, or settled. The situation is similar in the state courts. Nationwide, the number of tort trials decided in the state courts after a trial declined 23% from 1992 to 2001. Of the states reporting in 2004, the percentage of civil cases decided by trial in the state courts was ½ of 1%...

Like other trial attorneys, I have literally spent weeks in trial preparation. But I have never spent anywhere near that long preparing for a mediation, settlement negotiation or other type of alternative dispute resolution session...' [read more]

Full post as published by mediator blah...blah... on September 09, 2008 (boomark / email).