Mediation of disputes is growing, as more courts looking to clear congested dockets suggest or command mediation during the course of a litigation, and more parties wary of the cost, time, uncertainty, and publicity of a lawsuit seek a quicker and less expensive alternative.
To execute these goals and avoid unnecessary frustration and contention during and after the mediation, this author proposes that the parties and attorneys consider the following Ten Pillars of a Productive Mediation.