Don’t Neglect Mediation!

I believe in the process of mediation for all disputes, particularly complicated factual business disputes. I use the word "process" because that is what mediation really is – a series of actions to achieve a particular end. Mediation can be a tiring process. A frustrating process. An informative process. A continuing process. A result-oriented process. In certain instances, a futile process. Oftentimes, mediation is a mixture of all of the above. Mediation allows parties to make a business decision based on their perception of risk -- the risk of losing or the risk of damages award (greater or lesser than...