The Mediation Advocate: Balancing Ethics and Confidentiality in Mediation

Not all disputes are resolved by litigation, nor should they be. Indeed, more cases are resolved by settlement than by trial. (E.g., Court Review: The Journal of the American Judges Association, 42:3-4 (2006), pp. 34-39 John Barkai, Elizabeth Kent, Pamela Martin, A Profile of Settlement (2006); Carrie Menkel-Meadow, For and Against Settlement: Uses and Abuses of the Mandatory Settlement Conference, 33 UCLA L. Rev. 485, 502 (1985) [“Over 90% of all cases (both civil and criminal) are currently settled.”].)

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