Mediation Actually Works (Statistically Speaking, at least for DOJ)
May 19, 2015
I like mediation. I mediate for a couple of the Maryland Circuit Courts and have done a few private mediations. I think it works. That's why I'm a beleiver. But I never found any good statistics on it. (And as anyone who's read my posts about bad faith statistics, I like statistics.)
(I suspect the people who coordinate the ADR programs at the local courts have tons of good data; they just can't or don't share it.)
You can read the results yourself. The bottom line is that the Justice Department saved a massive amount of money by paying for mediation and came out ahead as a result of the mediation (closer to resolution, narrower issues, etc.) around 75% of the time in bad years. (i.e. in a "bad" year, they resolved half of cases and got some benefit from the ADR in about half the remaining cases.)
This confirms what I think everyone already believed based on anecdotal evidence: ADR saves everyone --even or maybe especially repeat players-- small fortunes.