Mediation is a popular alternative for clients who are concerned about exposure and the rising cost of litigation. Studies vary, but most agree that more than 90 percent of all litigations settle. Many do so with the assistance of a third party, such as a mediator. Based on these statistics, it is understood that litigators will spend many more hours in mediation than they will at trial. However, attorneys do not always prepare for mediations with the same diligence and strategic analysis as they would for trial.
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