It is not uncommon for a factually and legally complex case to have only modest monetary value. Where possible it is helpful to mediate these cases early, but often by the time they reach mediation in normal course the aggregate legal fees exceed or threaten to exceed the amount of any foreseeable verdict. The threat to counsel is unhappy clients and fees that may prove uncollectible in whole or in part. Counsel need to learn to recognize these cases and to cooperate with one another and with the mediator to resolve them as early as possible and terminate further litigation.
Francis Carter
