Don’t waste my time on negotiation or mediation; this case needs a judge: When is litigation the right solution?

John Wade, Bond University

Article comments

This document has been peer reviewed.

Wade, John (2001) Don’t waste my time on negotiation or mediation; this case needs a judge: When is litigation the right solution? Mediation Quarterly, 2001, Vol. 18, Iss. 3, pp. 259-280.

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Mediation Quarterly is now published as Conflict Resolution Quarterly.
Copyright © 2001 Wiley Periodicals, Inc., A Wiley Company.

Abstract

This article contains two parts. First, there is a framework aimed at encouraging lawyers and other conflict managers to be overtly analytical when deciding which interventions may or may not be helpful in a particular conflict. Second, to illustrate this analytical framework, there are two lists of factors or diagnostic indicators that suggest that certain conflicts probably need the decision of an umpire or judge and that certain other conflicts probably need written claims to be filed in a court or tribunal. This article does not attempt to create lists of factors that indicate the suitability of many other processes, such as early neutral evaluation, problem-solving mediation, and arbitration.