Early Mediation: Obstacles to Efficiency - Maryland Daily Record

Friend and colleague Barry Gogel and I co-authored two articles for the Maryland Daily Record about the challenges and opportunities presented by early mediation. There are a myriad of reasons why parties are reluctant to engage in early mediation. But, by and large, most lawyers and insurance adjusters cite the following three reasons: (1) nobody wants to be the first to “blink,” fearing a loss of leverage; (2) lawyers and insurance adjusters are reluctant to negotiate with incomplete information; and (3) excessive demands, paired with defendants’ economic incentives. These barriers can be overcome, as this article will explain.

In our next article, we will offer ways in which parties can get great results early in the life of litigation.