Originally from Alternatives to the High Cost of Litigation

PAGE PREVIEW

For many years, we’ve been watching with dismay the seeming inability of the Washington, D.C., powers-that-be to come together and enact legislation that would benefit most individuals and constituencies in the United States. Although there have been a few “successes” in recent months, it’s hard to feel confident that we won’t encounter a likely retreat to the prior glorification of impasse in the months and years ahead.

The purpose of this article is to suggest the possible introduction of a new element into the fallible structure– namely, mediation.

Ever since publication a decade ago of my book about the role of mediation in resolving business disputes (see “Anatomy of a Mediation—a Dealmaker’s Distinctive Approach to Resolving Dollar Disputes and Other Commercial Conflicts,” PLI (2012)), friends have suggested—occasionally, I’ll concede, in joshing tones—that my services would be useful in Washington in trying to get legislators together to make deals on significant issues.