Happiness

Yes, I am a happy camper. Why? Because all of the parties to the mediation were well versed in the issues in the case, all of the necessary discovery was completed and, as a result, they were prepared to deal. Without adequate preparation parties are often times reluctant to negotiate in good faith because they don't know what their bottom line should be. This is a great lesson. When you come to mediation you should be prepared almost as much as you would for trial.

I think my mediation practice has grown dramatically over the past year because of the increase costs of litigation and the downturn in the economy; both of which create a need for a more expeditious less costly alternative to litigation. Wish the world was a different place, but it's not. If you have a conflict that needs resolution consider mediation before the commencement of litigation.

An observation: Sometimes it seems like some attorneys are not interested in resolving a case too early, because it is detrimental to the lucrative practice of extending the course of litigation. However, this is in conflict with the needs of the client which should be of primary concern to the ethical attorney. I equate early resolution of a case as a very good result for all concerned, including the attorneys, who benefit from continued good relations with the client and the prospect of future business.