Disputing Irony: A Systematic Look at Litigation About Mediation

Abstract This article takes a unique empirical look at mediation effectiveness and impact by analyzing an extensive database of 1,223 state and federal court decisions from 1999 to 2003 involving mediation-related litigation. The article’s findings reveal an increase in mediation litigation—rising 95 percent over the five-year period—suggesting that mediation may sometimes generate disputes rather than resolve them. Additionally, courts frequently admit mediation evidence despite widespread beliefs in the paramount importance of confidentiality, highlighting a divergence between theory and practice. Key areas of litigation during this time period include enforcement of mediated settlements, duty to mediate,…