January 01, 2015

A Litigator’s Reluctant Endorsement of Mediation

Kathleen Balthrop Havener

Let’s get my confession out of the way: I am not a devotee of mediation. They don’t call them “mediators” for nothing. When I’m approaching mediation, I do so convinced that the mediator wants to reach the “middle”—but I don’t want the middle. Ever. I want the right result. A proposal to mediate will never come from me. There’s one exception: I love the kind of mediation that the trial court conducts at a final pre-trial.

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