Mediation allows them to feel they have had their day in court and can now make a business decision to settle the case. Finally, he believes mediation can be invaluable because it gives you an opportunity to speak directly to the client on the other side, without their lawyer filtering information. They use ALJ's as mediators, and his own docket is now full-time mediation, with 20 active cases. Mediators in this system are free and are quicker than the alternative. While adjudication takes an average of two years, mediation takes only four months.
Participants appreciate the flexible remedies that are available.
Some people resist its use, as some judges prefer to rule on important cases rather than have them settle, and some lawyers prefer to be a Clarence Darrow-type advocate rather than participate in a mediation. Both leadership and line personnel must understand the importance of the program for it to be effective. He suggested that line personnel must be included, because they are often where the rubber meets the road. He said that ADR should not be used everywhere, and using it where it will not help is not advantageous for anyone. Finally, he suggested mediations are most effective when the participants at the table have authority to settle.