Failure is simply the opportunity to begin again, this time more intelligently.
The vast majority of civil cases never make it to trial. The phenomenon of the “vanishing trial” has been attributed to many causes, including the prevalence of mediation and other forms of alternative dispute resolution (ADR). In fact, some judges view trials as failures—failures caused by attorneys not doing their job to obtain a negotiated resolution. Almost all federal district courts require parties to participate in or at least consider the use of ADR, and there are about 250,000 civil case mediations per year. Despite best efforts, many of those mediations do not resolve the case. Attorneys owe it to their clients not only to be skilled at handling mediations but also to know how to turn a failed mediation into an asset for trial.