Mediation is mandatory in our trial courts and settles a substantial majority of cases – less than 2% are resolved by an actual trial. Mediation is most often a case dispositive proceeding, so treat it as such and prepare for it as diligently as you would for trial. A mediation statement whipped up at the last minute and submitted to the mediator on the eve of the mediation conference diminishes its effectiveness, so prepare a clear, cogent mediation statement and submit it to the mediator on time.
Francis Carter
