Introduction

Mediation as a tool for settling cases is increasingly well known and accepted. Many practitioners, insurers, and self insured parties to litigation have come to rely on mediation in all types of cases, ranging from simple soft tissue injury car crashes to complex business disputes. Some decry the need for the intervention of the third party as an unnecessary and costly exercise. After all, reasonably competent and experienced counsel in possession of all relevant information ought to be able to evaluate the risks of letting the judge or jury or arbitral tribunal ...