Mediation and arbitration are methods of resolving legal disputes outside of traditional methods of trial by jury or court.  While trial is certainly a method of achieving justice (justice being, by definition, the result of the trial), there are advantages to alternative methods of putting an end to legal disputes. 

More Settlements? It is quite difficult to contend that mediation reduces the number of trials, because the percentage of cases which settle before trial seems to remain about the same even in these times of intensive pressure to mediate cases.  The number of factors which play into whether or not a case will settle before trial is such that any attempt to attribute credit for the fact that a case settles to mediation is so confounded by those factors as to be impossible of certainty.  Economic pressures, venue, sour jurists, jurors of a perceived bias all confuse the calculation.

So Why Alternate Dispute Resolution? What can be contended with little risk of contradiction is that mediation and arbitration, properly handled, reduce expenses, eliminate delay and inject certainty into an inherently uncertain situation.

When? When the judge tells you to, of course, but given a choice, early is better insofar as mediation and arbitration are concerned in situations involving recurring and more or less routine legal disputes.  Parties will argue that discovery is necessary to determine issues of liability and damages and to an extent they are right, but vital discovery can be conducted informally and cooperatively so that bedrock information about liability and damages is known early and settlement can be explored before significant expense is incurred.  Experience tells us that the parties may assume that each side will be able to find an expert who supports its position, sufficient digging will unearth evidence inimical to the opponents contentions and that deposition testimony will generate impeachment opportunities.

Are Expenses Really Reduced? Of course. By how much depends on the stage of litigation at which the adr is utilized.  The closer to trial, the less savings, however the opportunity to eliminate the sharply increased expenses in the immediate pre trial period easily justifies adr.

Why is elimination of delay important? Lots of reasons but one overarching one:  elimination of delay takes away the opportunity for things to go terribly wrong.  Injured plaintiffs get hurt again, insurance companies go broke, substantive and procedural law changes come out of courts, important witnesses become invisible - the number of possible foul ups during delay is without limit.  Delay is a function of docket length, discovery requirements, continuances, post trial proceedings, appeals, executions, etc. The very nature of mediation, by having the parties present at the same time, saves weeks and probably months of exchanging correspondence and arguments, all of which happens, ordinarily, in one day in the mediation context.  Arbitration takes a bit longer, but the case is absolutely over with certainty.

Is Trial Really All That Uncertain? Yes.  Fact finders, whether judges or jurors, are notoriously whimsical, swayed by eloquence, politics, dyspepsia or the latest news articles.  As a test, ask any lawyer anywhere to guarantee a result in a case.  Backpedaling guaranteed, you may be assured.

How Does Virtual Mediation Stack Up Against In-person Mediation? Well, that's a little murky. Many lawyers enjoy the hassle-free, travel-free virtual format. Their clients often feel more comfortable appearing at home (if they have access to the tech) and avoiding driving and parking problems. Some lawyers reasonably believe that the mere inconvenience of appearing in person puts pressure on the participants to reach an agreement. Early data seems to indicate that settlements and failures occur at about the same frequency under either method.

Of course, some courts insist on in-person mediations and if that is your situation, you are on the wrong website. 

The painting above is The Judgment of Solomon, by Raffaelo Santi.  It is in The Vatican.  Hollis splits no babies.