Devoted to Corporate Attorneys, Corporate Lawyers, and Corporate Counsel

The following is not meant to be legal advice.

On November 17, 2007, a partner at a well known firm for employment law spoke in San Francisco on the reasons for alternative dispute resolution mechanisms. 

The taxpayers pay for court systems.  Many cases should and can settle.  This is why in California, it is required that parties go through some form of alternative dispute resolution (ADR) prior to going to trial.  Even if parties do not settle, ADR is helpful for parties who are unrealistic.  The neutral tells the parties what the problems are in a case.  This allows a party to save money before it goes too deep into litigation.

Mediation provides flexibility to craft a remedy other than money such as an apology or job recommendation.  Whatever is said in mediation is confidential.  The mediator cannot be called as a witness.  This allows the parties to be frank.  If the case does not settle, the information disclosed may be used to promulgate discovery requests.  For example, there may be requests for admissions.  The parties should have a strategy meeting before mediation so they make sure not to disclose anything that can be used later in the adversarial context.