Originally from Alternatives to the High Cost of Litigation

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Although early in the litigation, mediation seemed like a good idea.

While each side was confident in ultimately prevailing, expensive and protracted litigation loomed inevitably. The parties easily agreed on a mediator with a proven track record. A pre-mediation conference call established basic protocols—mediation statement submissions and a mediation date.

The submissions each aggressively declared victory and why any settlement needed to reflect the competing one-sided portrayals of strengths and weaknesses, but that was not unusual posturing in mediation statements. The mediator did not engage with either party on its substantive position or expectations before the mediation convened.