The Expert Podcast

If you're an attorney, a private investigator, or anybody involved with legal disputes or contract disputes, I have a survey for you. We'd like to get your feedback on this, and you can put your comments below. This has to do with any type of conflict that rises to the level of either litigation, contemplated litigation, or other types of dispute resolution. The question is as follows: If you're in that kind of a conflict, where does mediation come up in the process?

Here are your options:

Option number one: Mediation is never considered. You never bring it up, nobody ever brings it up, and it's not really a factor.
Option number two: You, as a professional (maybe an attorney), want to do mediation, but your client doesn't want to.
Option number three: The client wants to do mediation, but you don't think it's a good idea.
Option number four: Both you and the client want mediation, but the other party doesn't want it at all.
If there are other options, like the other side wanting it but you don't, or the court requiring it, you can put those messages below. But what we're trying to find out is what are the obstacles to a third-party mediator or facilitator assisting with the resolution of a conflict—whether it's full-blown litigation, contemplated litigation, discussions, demand letters, or anything like that.

Where does mediation come into the conversation? And if it doesn't go to mediation, why not? Does the client not want to do it? Do you not want to suggest it? Do you not think it's valuable? Does the other side not like the idea?

Comments below and thoughts on it as well will be very helpful and much appreciated.