Mediation Mandatory? Not Everyone Thinks It's A Good Idea

Read the original story [HERE].

(Originally posted at EnjoyMediation.com)

Before everyone starts celebrating the news about the new mediation program in Manhattan, here's another viewpoint that is worth reading:

(Wall Street Journal Law Blog/Jacob Gershman) New York State’s court system is poised to launch a pilot program in Manhattan Supreme Court that would require that every fifth case assigned to judges in its commercial division go to mediation.

The plan — first floated by a judicial task force in 2012 – could help lighten the caseload of a court system under tough budgetary pressure. The Manhattan Supreme Court carries a particularly heavy docket, especially within its commercial division.

Jeff Kichaven, a Los Angeles-based mediator who handles cases in New York and other states, said the rule would make litigation more expensive, and urged the court office to scrap the whole idea. He says he’s worried about the cost of litigation under such a program, as well as its coercive nature. “These mediations will be a burden to everyone involved (except maybe the judge),” he wrote.

Read the full article from the Wall Street Journal Law Blog [HERE].

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