Bar Bulletin

Bar Bulletin

New Directions — Early Mediation FAQ

December 2017 Bar Bulletin

By Alan Alhadeff

Why is early mediation relevant?
The WSBA ADR Section recently commissioned an independent research project to identify how mediation was being used by lawyers to settle cases in Washington. Three significant findings regarding mediation and its effects on the cost of litigation emerged from the survey:

• Predominantly, mediation occurs well into or even late in the litigation process. This late-stage mediation has come to be known as the summit conference at the end of the case.

• Early mediation has the potential to substantially reduce the cost of litigation.

• Lawyers frequently have pre-session contact with the mediator and such contact saves costs...

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