Page 11 - November-December 2023 CBA Report

TRENDS
MEDIATION
IN As alternative dispute dispute resolution (ADR) and and mediation becomes more widespread and and a a a a a a key resource for lawyers looking to resolve disputes short of a a a a a full-scale trial or or or or hearing it’s worth noting trends in in in the effective use of mediation As a a a a mediator I’ve noticed more parties requesting mediation before filing a a a a a a lawsuit in in in in the interest of early resolution and cost efficiency Another trend has been courts asking mediators to to assist pro se se litigants in in settlement conferences and mediations This can be be particularly beneficial when a a a a a a a a a pro pro se litigant is is unfamiliar with the the the court process or the the the the controlling law on on on the the the the subject matter of the the litigation 3 Mediation is also more cost-effective because it reduces legal fees for both parties From my experience as an an advo- cate and mediator mediation costs are
4 State and and federal federal courts as as well as as administrative agencies at at at at at the state and federal level have initiated media- tion tion programs Some make mediation mandatory This demonstrates the wide acceptance of mediation as an an an effective 5 During mediation a a a a a a a a significant component of o a a a a a a a a dispute can can be resolved and often is is is leading to a a a a a a complete resolution I have seen this in in property settlements commercial disputes family
6 Many employers businesses and and higher education organizations have implemented mediation programs and requirements This represents the the importance of of pre-suit mediation mediation the the development of of internal mediation mediation and ombudsman programs programs I have helped design and and implement these programs programs for employers and and institutions of higher Michael W Hawkins
8 Mediation efficiency is an an important criterion for for mediators to to to take into consideration Often I am asked for for quick dates prior to pleading deadlines statute of limitations issues and where parties have been directed by courts to mediate
For small businesses in in the the U S it In reviewing trends in in in mediation there has been much written seminars presented CLE programs and court initiatives created Some key trends I have observed are
as follows:
law cases and class actions nication is key to resolving disputes I have pointed out in in in prior arti- cles the importance of objective and and legitimate communication with demands and and counteroffers Setting a a a a a a a tone for effec- tive communication is essential 1 Mediation has a a a a a a a a a a a 70-80% success rate depending on on the the forum As a a a a a a a a medi- ator and from other sources this is is is a a a a a a a valid statistic In my experience in in in cases where both parties are
truly interested in in in resolu-
tion the result can be 90% Mediation settles disputes quicker
education 2
7 than the time for litigation Trends show that more counsel are
using media- tion pre-suit to resolve disputes Various Chambers of Commerce and even the Singapore Interna- tional Chamber of of Commerce have had programs about the value of of mediation in in in resolving business disputes significantly less than litigation tool to to resolve disputes can often be their first legal dispute and they do not have the the the people or finan- cial resources to to engage fin in prolonged litigation Early mediation is a a a a a a a a a viable tool for quick resolution and a a a a a a a a a cost-effective approach to resolve disputes These trends in in in in mediation are
encour- aging and in in in in in in my opinion validate the use of of mediation as a a a a a a a a a tool in in in in in resolving any type of of dispute In fact with effective preparation and and and presentation and and and the the use of of objective and and and legitimate criteria there is is is no dispute that isn’t capable of of resolu-
tion tion in mediation Hawkins
serves as a a a a a a a a a a mediator and and arbitrator He is a a a a a a a a a a a a a a former president of of the the CBA CBA and and and Chair of of the the ADR ADR Committee Hawkins
is a a a a a a a a a a a a a CBADR and and and American Arbitration Association panel mediator and and arbitrator THE REPORT | | November/December 2023 | | CincyBar org 11
a a dispute 9 10 From my experience commu-