The Joint Mediation Session Is Not Dead

Litigation is conflict, but it doesn’t always have to be. That simple statement, in many ways, exemplifies the day-to-day existence of claims professionals and defense attorneys alike. Litigation can be grueling, tedious, and can cause late nights at the office and long hours behind a computer screen. The statistics—routinely reported and repeated to clients and anyone else who will listen—reveal that 90 to 95 percent of all civil litigated cases are resolved short of trial, most of them through alternative dispute resolution (ADR) mechanisms such as private mediation.