Thursday, September 23, 2010

Let's try mediation at the time of the first preliminary conference.

What a waste of effort, time , resources and clogging of the Court calendar , when you have to do full-blown paper discovery, multiple depositions and engage in dispositive motion practice all over a $10,000 trip and fall accident. There has got to be a better way!
There is actually. At the time when your case comes up for it's first scheduling[preliminary] conference , the parties should be mandated to engage in a 20 minute mediation[carrier's rep on call] to explore early resolution. Granted, some cases may not be ripe for mediation, but many, many more will be. "Nothing ventured, nothing gained".
I think we will be very pleasantly surprised by the results.

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