What can we do to get the most out of mediation?

Almost all civil cases resolve without a trial.1 As a judicial officer, I saw many cases that clearly could and should have been settled but came back to me after a “failed” mediation. As a litigator, I participated in well over 100 mediations. And as a mediator at JAMS, I often see the same mistakes I made as a practitioner get in the way of successful settlements. If settlement really is the most likely outcome of virtually every case, shouldn’t we put as much (if not more) planning and preparation into a mediation as we do a trial?

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