The author explores the idea of compulsory mediation before a case can be brought to trial. He examines various U.S. state laws, as well as foreign countries’ laws, that require pre-litigation mediation. Additionally, practice areas such as family law, medical malpractice, and bankruptcy law are suggested as practice areas that might benefit from pre-litigation mediation. Finally, the benefits and shortcomings of pre-litigation mediation are compared and contrasted.
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