The National Arbitration Forum Blog

On his website, Richard M. Barron, a Michigan-based mediator, summarizes two cases where mediation was used. In A Tale of Two Lawyers, both lawyers found what they expected in mediation.

Case 1:
The dispute was court-ordered into mediation. The lawyer was pleased about mediation and so was the client who was reluctant to litigate because she wanted to “cash out” and get on with her life without the stress and expense of litigation.

Both sides agreed on a mediator and were informed about mediation and how to use it as an effective settlement tool. The mediator spent about five hours in resolving the case at a cost of about $500 per party.

Result:
Mediation was a success. The client was able to resolve her dispute without the stress and expense of litigation.

Case 2:
The client's attorney was angered after learning her case was being ordered into mediation. She believes that with mediation the case will never settle and that mediation is stupid and expensive.

The attorney avoids working with opposing counsel in choosing a mediator. The court appoints a mediator. After she postpones the mediation several times, the client's attorney arrives late to the mediation and is uncooperative. The mediator spent is unable to resolve the case after about twelve hours and a cost of about $2,000 per party.

Result:
Mediation was unsuccessful. The case wasn't settled and the mediation turned out to be expensive.

Moral of the story:
Mediation is a great way to save time, money, and most importantly, relationships. But you have got to do more than just show up. Achievement of the true benefits of mediation requires preparation, cooperation and compromise.

For more on mediation, see FORUM Dispute Management's process flowchart or mediation FAQ's, or a quick comparison of mediation versus litigation on Barron's website.

--John Horn