Dorsey partner and mediator David J. Lauth discussed the keys to a meaningful mediation in a recent Minnesota Lawyer article. According to Lauth, alternative dispute resolution can be very effective in resolving civil disputes prior to trial. "Just about all cases should be able to be resolved in mediation," he says.
Succesful mediation requires a good mediator and well prepared parties. You need a mediator who is persistent and has sense of optimism that if the parties keep talking, things will happen. It's important that attorneys explain to their clients that they should not go into the mediation with the mindset that they are going to win or lose - because it's not about winning or losing. It's an effort to "minimize loss for both sides," Lauth explained.
The article "Keys to a Meaningful Mediation" was published in the June 19, 2006 edition of the Minnesota Lawyer.