I strongly believe that the parties to litigation are the owners of their disputes. Although guided by wise counsel, ultimately a party must make the final and tough decision of what to do with their dispute. More than 98% of all cases resolve before trial, often on the courthouse steps, when the risk of a third-party judge or jury deciding the outcome of the dispute becomes uncomfortably real. The litigation process does not provide an opportunity where counsel, clients, carriers and anyone else with a direct interest in the outcome of a dispute, can gather in a "behind the screen," confidential setting to discuss not just the rights and obligations of the litigants, but also the interests and needs of the parties.

If a dispute does not settle in mediation, the parties will know clearly what the stumbling block is and, with the help of the mediator, will know how to clear it, if they so desire. Although I am a mediator, there are all kinds of reasons, and not just monetary, why a case needs to be tried. I do not believe in bludgeoning the parties into settlement.

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Our legal system, the best in the world, allows everyone their day in court. But I have yet to meet a party who after the emotional, financial and time cost of trial, combined with its uncertainty and limited-remedy outcome, is eager to go that route again.

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