Zinzow Law

Professionalism: The Lawyer’s Duty to Mediate

New lawsuit filing has continued to steadily increase in this state in the last decade.2 While the state court system is certainly doing its part to timely administer justice/ the increasing case loads can create a very unfortunate impact on the timely resolution of our clients’ matters and their view of our profession. As professionals, we have an obligation to ensure that our profes sion and our esteemed judges are viewed with respect. Perhaps one of the best ways to earn this respect is to alter the “pit bull” image the public has conjured about the profession. All lawyers have a duty to conduct themselves in a manner that “assurejs] the just, speedy and inexpensive determination of every action and resolution of every controversy.”4 Simply stated, all lawyers have a duty to mediate every dispute; not mediation in the formal sense, but rather, through good faith consistent communications with our opponents concerning the “heart” of the case.

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