In general, Guided Choice is a series of strategies used to provide real measurable value to clients and influence the selection of both lawyers and mediators.  According to Paul M. Lurie, Director of the Guided Choice Mediation Interest Group:

Commercial disputes in the U.S. are typically settled before being litigated or arbitrated. Yet the parties’ lawyers seldom hire mediators at the early stages of a dispute.  Mediators are often viewed as being most useful late in the legal process after the parties have spent time and money on discovery and motion practice and are preparing for a trial that will probably not occur.

In these situations, lawyers assign mediators a limited role:  to hold a “mediation” event at which the parties will either settle or not settle the case.   But in fact, mediators can do much more in preparation for the “mediation” meeting.   They can investigate the issues confidentially and hold informal conversations with the parties, their representatives, and their experts; they can facilitate the exchange of just enough information so that the parties can make a business decision about whether to settle; and they can prepare a customized negotiation plan designed to overcome any factors that might lead to stalemate.

Smart businesspeople ask:  we eventually settle our legal cases, but why are we settling them so late? Businesspeople want to get rid of the disruption and uncertainty caused by a dispute as soon as possible. Clients want to be involved in determining the settlement process.  And they want to avoid expense.  The Guided Choice process helps clients achieve these objectives.  The earlier the mediator gets involved, the earlier the dispute is likely to settle – and to settle on terms that are in the parties’ best interests.

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