In complex litigation, successful mediation turns chaos—multiple parties, shifting liability theories, and insurance battles—into resolution, but only when counsel come prepared, stay flexible and commit to collaboration instead of trial.
Mediation has become an increasingly important part of the litigation process, particularly in complex cases. Each matter presents its own challenges—often involving class actions or Judicial Council Coordination Proceedings (JCCPs)—as well as multiple parties, evolving dynamics among counsel, competing theories of liability and the involvement of insurance.
Feelings of satisfaction and a sense of relief occur when a case of this magnitude resolves without the uncertainty, time, stress and expense associated with a trial. For a successful mediation, it is imperative that counsel approach it with an open mind, thorough preparation and civility. Both the mediator and counsel must remain nimble and patient, and utilize listening skills as events unfold.
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