How do you decide whether you should go to mediation or go to trial? It’s a great question because there’s a long answer that I can give, but I’ll try to make it kind of short. Mediation in Wisconsin, at least, is almost always required by judges. So we have to go to mediation almost every single time.
That’s a lawyerly answer, right, when I say almost. But, the reality is most judges are going to recommend it unless the attorneys go to the judge and say this is not going to be a case that’s going to be mediated. You know, the, the parties are too far apart. It’s never going to happen. And that’s pretty, unusual, but it has happened where we just say it’s not going to be a case that is mediated.
It’s only going to be tried. And those are the very few cases, but that’s the possibility where we never do mediation and we only go to trial.