Inside Counsel

Type: Articles Published

The in-house practitioner should not be afraid of exploring the possibility of early mediation of company disputes when litigation appears imminent.

In the legal world, the idea of early mediation of disputes has historically been viewed as unconventional at best, and as a sign of weakness, and thus, a poor strategy, at worst. However, with the increasing reputational and financial ramifications of litigation, the prospect of resolving a dispute as early as possible is gaining increasing attention and popularity. Mediation provides parties to a dispute with the opportunity to resolve a matter on their own initiative and terms, outside the formal structure of court-based litigation, at a fraction of the cost of an arbitration or a trial. This article, the fifth in a six article series exploring tools for in-house attorneys to utilize in addressing litigation issues facing their companies, examines mediation as a proactive dispute resolution tool. Specifically, the in-house practitioner should not be afraid of exploring the possibility of early mediation of company disputes when litigation appears imminent, should consider drafting mediation agreements into company agreements, and should have a “go to” list of mediators that he or she can call on when the need arises.

To read the full article, visit insidecounsel.com.