The only way that a pre-litigation mediation clause can work, in my mind, is if all of the parties buy into the necessity of such a clause up front. If not, they’ll just go through the motions because they won’t know enough to move forward. While I always advise “working it out” before suing, this does not and cannot happen in all cases.
.-= Christopher G. Hill´s last blog post ..Contractor Side Deals Can Waive Rights =-.

Tens of thousands of dollars later, multiple hired experts and reports, more complexity of resolution due to clients being on notice of property defects, the parties sit down ad resolve their case. A pre-litigation mediation clause would have short-circuited a ton of wasted time, energy, effort and money, produced a very similar result, and the other side would probably have been able to sell a little better deal for themselves to boot.

I agree with Ron that like fine wine, the aging of information and analytical exchange needs to ferment appropriately for these methods to work; however, good lawyers who have their clients’ trust can extrapolate on partial information and save a lot of time and effort in most (but not all) circumstances.
.-= Timothy R. Hughes´s last blog post ..Contract Terms Govern in Virginia … Except Non-Competes =-.

Construction Mediation is Exhausting, but Worth It! | Construction … [link to post]

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