The latest trends in the field of mediation for lawsuits in the United States reflect a growing emphasis on court-ordered mediation, technological advancements, and strategic shifts in handling disputes. Courts are increasingly penalizing parties who refuse to mediate, as mediation is seen as a way to reduce litigation costs and expedite resolutions. This is particularly evident in recent cases where judges have imposed sanctions on parties for declining mediation, even in high-profile and complex lawsuits, such as privacy claims or corporate disputes (CEDR, 2024).
Another significant trend in 2024 is the integration of technology into mediation processes. Legal tech, including generative AI, is expected to play a larger role in how courts and legal professionals manage mediation. This shift is motivated by the need to streamline dispute resolution, especially in cases that involve a large volume of data or complex evidence (Wilkins, 2024).
Moreover, mediation is becoming a more frequently recommended tool in mass torts and consumer rights cases, where judges often stay proceedings to allow parties to attempt mediation, further solidifying its role as a primary dispute resolution method in the U.S. legal system (Berkoff, 2024).
References:
CEDR. (2024). Mediation case law in 2024 – Mid year review. Learn CEDR. Retrieved from https://learn.cedr.com/mediation-case-law-2024
Wilkins, S. (2024). Legal tech’s predictions for litigation, the courts & ADR in 2024. Legaltech News. Retrieved from https://www.law.com/legaltechnews/2024/01/19/legal-techs-predictions-for-litigation-the-courts-adr-in-2024/
Berkoff, L. A. (2024). January 2024 in brief: Business litigation & dispute resolution. American Bar Association. Retrieved from https://www.americanbar.org/groups/business_law/publications/