Mediator Dennis S. Klein Makes Case For Creating A Mediation Department In Your Law Firm.

        In a November 14, 2017 article available through Law360 and LexisNexis, Dennis S. Klein, owner of Miami-based ADR firm Critical Matter Mediation, advocates "The Case For Creating A Mediation Department At Your Law Firm."  

        Mr. Klein makes four arguments:  (1) the volume of mediation is high, as few cases proceed to trial, and many cases are resolved through ADR; (2) the mediation skill set is specialized; (3) there is a growing trend toward expertise in litigation; (4) client relations benefit when the client knows the lawyer seeks a cost-effective solution.  

        So why haven't law firms created mediation departments, just as they have created specialized appellate practice departments?  My hunch is that many transactional and litigation attorneys view mediation skills as generalized skills that they are endowed with.   The bar exam does not test for mediation skills.  And yet many of us know outstanding litigators who prefer their role as committed advocates to having to deal with unsatisfying negotiation and compromise.  Mr. Klein's proposal is worth consideration, especially by large law firms with a critical mass of cases that  will proceed to mediation.