Bar Bulletin

Bar Bulletin

The Intersection of Time and Mediation

December 2019 Bar Bulletin

By Gregg Bertram

Time and mediation have always been conjoined. The natural relationship between mediation and time is one that deserves acute attention by parties and their attorneys, but, instead, is often ignored. Mediators too must be sensitive to time in order to serve the mediation process most effectively.

For parties and their attorneys, the mere contemplation of mediation must trigger time considerations, among them, when to mediate? Mediation early in a dispute presents opportunity for financial and emotional cost savings as well as the opportunity to preserve or even enhance party relationships. 

From experience, early mediation does not occur nearly as often as it should, for...

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