Mediation is the most widely used ADR approach today and has been for the past generation. In the course of becoming widespread it has also become predictable. It has become predictable that last month one party told me a young associate would attend the first several hours of the all-day mediation, and the client and partner would not show up until after lunch because nothing ever happens in mediation until the afternoon.

Does mediation need revitalizing? -

How can mediation become more effective? Mediation is a valuable settlement tool, in large part because we in California are fortunate to have a large cadre of skilled mediators. But even the best mediator has stories of cases he or she could not settle. Most often, the mediator and lawyers blame the failure to settle on the divergent valuations that counsel and clients place on their case.

Originally published in Advocate on September 15, 2015.