What are the Advantages of Mediation of ESI Disputes?

One thing is certain in litigation, and that is that disputes will be resolved. Either the parties may discuss and resolve aspects of their dispute, or the dispute may be presented to a court for a judicially-imposed resolution. If the parties desire to reach an agreement that they control, but are unable to do so, mediation may avoid the costs and risks of litigating that aspect of the dispute. Mediation may be rapid, cost-effective, and assist the parties in having a voice in the way in which their lawsuit should proceed. As Judge Peck recently wrote in William A. Gross Construction Associates, Inc. v. American Manufacturers Mutual Insurance Company, when the parties were unable to reach an agreement, the parties “left the Court in the uncomfortable position of having to craft a keyword search methodology for the parties….” The court ruled on the dispute, and noted that it “acknowledges that this result is less than perfect….”