Originally from Alternatives to the High Cost of Litigation

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I have been asked to reflect upon the origins and the changing landscape of mediation over the past 40 years.

I think the reason I have been invited to speak is that I am old—enough—to have been around at the dawning of the age of commercial mediation. So, I am asking you to travel back in time with me—to 1971.

I was about to try my first case, representing a defendant in connection with a claim arising from an alleged breach of a long-term supply agreement. Six weeks before trial, the parties and counsel agreed to a one-time meeting to explore settlement.