Originally from Dispute Resolution Journal

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As dissatisfaction with the delays and costs of the U.S. legal system continues to grow, proponents of ADR continue to speak out in favor of its increased use. Mediation in particular has been employed for over 80 years as a means of assisting settlement in labor relations. The author examines the role of the mediator and the mediation process in general and presents his view as to whether it can be put to effective use in other areas of our legal system.

A school district has had several budget defeats and the teachers’ union continues to complain that the wage offer is not sufficient. A strike appears imminent.

A husband and wife are having a particularly nasty divorce. Each accuses the other of all sorts of crimes, including kidnapping the children. The differences between the spouses continue and the children are caught in between.

A government agency has published a new regulation on a technical scientific matter. Affected parties immediately start complaining that the regulation is ill-conceived and technically inaccurate. Lawsuits against the proposed regulation are certain.

A tenant keeps complaining about the heat in his apartment. The landlord basically tells the tenant to get lost. Fisticuffs follow and the matter is brought before the local magistrate.
 
A multimillion-dollar civil matter has been filed in the courts. After years of discovery, pre-trial motions and depositions before trial, the parties realize that the main beneficiaries of the litigation will be the lawyers.