A Three-Legged Stool — Balancing Strategies for Mediation: The ABC’s For Successful Mediations
by Eric Gillett, from the King County Bar Association’s BAR Bulletin
When I began my litigation practice more than 35 years ago, mediation of tort claims was in its infancy. And because I began my practice in Anchorage, Alaska, it was almost embryonic. Private mediators did not yet exist. Instead, we brought our disputes before the judge who was assigned to try the case. I recall more than a few instances where the judge advised one party or the other that if they did not get “on board” with settlement, they should remember that the same judge would be ruling on their pre-trial motions and the evidence during trial. That felt like a threat, probably was, and sometimes it worked...