Clients want certainty in the outcome of their litigation. Despite this, there is often hesitation by BigLaw and their clients to embrace early mediation, despite the fact that only mediation provides that certainty in terms of the amount of any resolution, and the express terms that one or more of the parties may need. According to international mediator and arbitrator Nigel Wright: “While some might argue that bilateral negotiation can deliver the same result, in reality bilateral negotiations that need to address both the amount and specific terms typically occur later in the litigation cycle, and often drag on for many months even after apparent settlement. For corporate counsel, mediation presents an opportunity to have direct discussions with their counterpart and establish the real issues in dispute, while holding out the possibility of earlier resolution.”
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In this program Terry Williams, Head of Client Finance Operations for Hogan Lovells, and Miles Mediation & Arbitration neutral Joe Murphey discuss Terry’s predictions for the role of ADR and mediation in the global legal market in the short, medium and long-term future.
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