ABSTRACT
Mediation cannot guarantee a settlement, and yet it will take time and cost disputants money. Even if the case does settle at mediation, it may have settled in any event; after all, the vast majority of cases settle without mediation. Mediation may prevent precedents from being set so the law may not develop as it otherwise would have. It is private so the public cannot find out whether the process and the outcome were fair. It can be abused by people who have power to take advantage of those who do not. It may unnecessarily open wounds. When mediation is conducted early in the litigation process, disputants are being asked to assess their cases and make decisions with limited facts; they need information to make proper and informed decisions. With all of these concerns and reasons not to mediate, why bother?
