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Is That All There Is?: "The Problem" In Court-Oriented Mediation, Nancy A. Welsh, Leonard L. Riskin

Nancy A Welsh

The “alternative” process of mediation is now well-institutionalized in the courts and widely (though not universally) perceived to save time and money and satisfy lawyers and litigants. However, the process has failed to meet important aspirations of its early proponents and certain expectations and needs of one-shot players. In particular, court-oriented mediation now reflects the dominance and preferences of lawyers and insurance claims adjusters. These repeat players understand “the problem” to be addressed in personal injury, employment, contract, medical malpractice and other civil non-family disputes as a matter of merits assessment and litigation risk analysis. Mediation is structured so that …