AVOIDING THE UNCERTAINTY OF TRIAL
WHY IT MAKES SENSE TO MEDIATE
David B. Harwi, Esq.
Recently I participated in specialized arbitrator training.
My class included 19 highly educated, successful business persons,
lawyers and educators. One of our exercises required us to break
up into three teams. Each team was given the same fact pattern.
We were told that the respondent was liable to the claimant.
The teams were only required to determine an appropriate award,
i.e. money damages. The facts suggested that the damages could
range from $3,000 to $15,000. After deliberation the groups
reported their results to the instructors. One group made an
award $3,000, another $7,500 and the third $15,000. The instructors
indicated that there were yet other results at other trainings.
How can this be? Its the risk of litigation, whether
in court or in arbitration.
Mediation avoids the capriciousness of litigation and provides
an opportunity for the disputants, not the court or arbitrator,
to define the outcome of their dispute and be satisfied. Doesnt
that make sense?
Mediation Services Inc. 2002