“Mock Trial Mediation: A More Effective and Cathartic Settlement Tool”

I was recently made aware of this article, authored last year by Brian Moran of Robinson and Cole and Wendy Hufford of Ascena Retail Group, Inc. and available on ACC Docket. The authors interestingly suggest the use of a mock trial mediation as an alternative to what they describe as “the vagaries and uncertain outcome of the current passive, disengaged mediation process.” While perhaps not suited for all disputes, the article sets forth a protocol–indeed, two protocols–that may be beneficial in certain matters.