Mediation Might Not Be Such A Good Idea

Before everyone starts celebrating the news about the new mediation program in Manhattan, here's another viewpoint that is worth reading:

Jeff Kichaven, a Los Angeles-based mediator who handles cases in New York and other states, said the rule would make litigation more expensive, and urged the court office to scrap the whole idea. He says he’s worried about the cost of litigation under such a program, as well as its coercive nature. “These mediations will be a burden to everyone involved (except maybe the judge),” he wrote.

...The program was recommended by an advisory team appointed by New York Chief Judge Jonathan Lippman and headed by Robert Haig of Kelley Drye & Warren LLP. The team said in a letter last year said it viewed its proposal as “fairly conservative.”
Read the full article from the Wall Street Journal Law Blog [HERE].

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