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C. Bailey King, Jr.
2023 and Beyond Forecast
By C. Bailey King, Jr., Bradley LLP
In looking ahead to the coming year and beyond, we went to the stable of accomplished mediators, arbitrators, and neutrals to get their predictions for what they see coming in 2023. As Mills Gallivan eloquently noted, “[o]ur ‘future is behind us, and our past is catching up,’ as we evolve to more meaningful and better mediations.” With that in mind, here is what they see coming in 2023:
• “Third Party Litigation Funding will continue to expand its geographic presence and will undergo increased opposition in “red States.” This funding is impactful to litigation in general and ADR too.” Marc Harwell
• “While lawyers and clients are slowly returning to in person mediation, there is no question that hybrid mediation in which some parties attend by Zoom and others attend in person, is here to stay for good.” John Trimble
• Mediation will continue to evolve as the preferred forum for resolving cases and eliminating risk. The parties will increase their involvement in pre- mediation planning and preparation because mediation offers the best option for controlling outcomes. H. Mills Gallivan
• Plaintiff’s lawyers will no longer agree to decision makers participating by phone for limited segments of the mediation. Virtual mediation has clearly demonstrated that all parties can be present and fully participate in the entire mediation which results in a better process and outcome for all concerned. H. Mills Gallivan
• Both sides of the “v.” understand the efficacy and efficiency of mediation. Consequently, they will be persistent in pursuing closure of cases through artful negotiation and mediation. Fewer and fewer lawyers see trial as the Best Alternative To a Negotiated Agreement. H. Mills Gallivan
• Online mediations in civil litigation will, without question, be established as the new norm, especially in large cities, with about 75-80% of mediations being conducted online. Jean M. Lawler
C. Bailey King, Jr. is a partner with Bradley LLP in Charlotte, NC. Contact him at:
Alternative Dispute Resolution

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