Mediation — Panacea Or Placebo?

Law360, New York (August 14, 2015, 1:18 PM EDT) -- As civil litigation becomes ever more expensive in the pursuit and uncertain in the result, litigants are increasingly searching for some alternative to traditional litigation that will resolve their cases quickly and inexpensively.[1] Just as trial by jury thankfully replaced trial by combat, many people see alternative dispute resolution as a less fiscally bloody substitute for a trial by either a judge or jury. ADR is a catch-all term encompassing mediation, arbitration and other forms of dispute resolution in lieu of full blown litigation to final judgment.[2] It has been perceived by many, frustrated with the limitations inherent in and the...

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