Originally from Dispute Resolution Journal

This article suggests that me diation may be one possible answer to achieving better risk assessment and case valuation.

In a perfect world, before giving a client advice about whether to settle or try a case, counsel would be in possession of all relevant information about the matter. Counsel would know whether her client’s witnesses will dazzle the jury or disappoint; would have seen the hidden skeletons lurking in the client’s files; would have assessed how the other side’s counsel and witnesses performed during their depositions; and would have learned how determined the opposing party is to wage war. All of this information would enable counsel to determine the ultimate question: whether her client’s case is a dream or a dog, or more likely something in between.