Litigation ENewsletter December 16 2010

In most civil cases, parties to the suit engage in settlement negotiations to avoid the expense and uncertainty of trial. While these negotiations are often informal — attorneys have been known to emphasize their client's strong position in even the most mundane conversations with opposing counsel — in recent years more and more cases have been settled through formal mediation. In many jurisdictions, in fact, courts require that the parties attempt mediation as an element of their pre-trial preparations.