Critics Warn NYC Commercial Mediation Pilot Could Backfire

Law360, New York (December 19, 2013, 6:14 PM ET) -- A proposal to move every fifth case that hits Manhattan's strained commercial docket straight to mediation is close to becoming a reality, and while proponents say the pilot program could lead to quicker settlements, others argue it will have the opposite effect, dragging out litigation and increasing costs.

An 18-month experiment that would push 20 percent of cases in New York County to automatic early mediation comes amid a larger effort to relieve commercial judges' caseloads, said to be about 500 each, and to reduce litigation...
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