Although Americans, and citizens of certain states in particular, have a reputation as a litigious bunch, the reality is that very few civil lawsuits actually go to trial. The vast majority of cases—perhaps more than 90%—end in settlement. This is certainly true in my practice and for most attorneys I know who specialize in business litigation.
Although litigants may resolve disputes informally, i.e. without the aid of a third party, disputes are often resolved via private mediation. See What’s the Point of Mediation? for a detailed primer on what mediation is (and is not) and how it works. For now just recall that mediation is different than arbitration because the mediator does not decide who is right and wrong. For this reason, mediation does not result in a binding decision unless the parties come to an agreement on terms to resolve the dispute (i.e. a settlement agreement). This post is about factors to consider in selecting a mediator for your marijuana or hemp dispute.
The primary reason cases settle is economic. Litigation in the 21st century is an expensive proposition. This is especially true in any document-intensive case. Our ability to create, share, and store vast amounts of electronic communications