The International Academy of Mediators recently reported that pre-suit mediation is more common in the mid-west. The Academy refers to a June 25, 2009 article at the Chicago Daily Law Bulletin and states that it is believed the increase in pre-suit mediation is due to the “economic climate” while others attribute it to the “natural result of court programs encouraging parties to mediate.”
As for Florida, and Volusia County in particular, it still appears that pre-suit mediation is the exception to the rule perhaps because parties do not feel they have negotiating leverage until suit is filed and some discovery is conducted. I cannot help but believe that
pre-suit mediation is always worth a try – what do you have to lose?
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Sandra C. Upchurch
