The Success of Mandatory Mediation

Mandatory mediation is a bit of an oxymoron.  Typically, mediation is a process that the parties agree to undergo; it is the parties coming together and jointly saying that they want help to resolve their dispute.  Mandatory mediation removes that element of coming together and, instead, replaces it with the spiney, arthritic finger of an old white man in a black robe, commanding from on high (the Bench) that the parties must make nicey-nice …. Or else.

But what has happened when federal courts make mediation mandatory?  Surprisingly good results.  In the US District Court for the Southern District of Illinois, they’ve seen 57% of the civil cases settle as a result of the mandatory mediation requirements implemented in late 2021.  That holds in line with the 50% settlement rate for the US District Court for the Northern District of New York.

For the Southern District of Illinois, the parties can jointly pick their mediator and the mediation is scheduled within a month after the completion of discovery.  More often than not, the parties resolvethe cases themselves.

Is it time for more courts to implement mandatory mediation programs?

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