THE VIRGINIAN-PILOT
Copyright (c) 1995, Landmark Communications, Inc.
DATE: Friday, January 13, 1995 TAG: 9501120171
SECTION: VIRGINIA BEACH BEACON PAGE: 06 EDITION: FINAL
TYPE: Letter
LENGTH: Short : 45 lines
This letter is in response to your editorial ``Doubts a-building'' in The Beacon Dec. 30. I fully agree with your assessment, but I would like to offer a suggestion to the city of Virginia Beach (or any other business or organization): The next time they draft and consummate a contract, include a clause in the contract which states:
``In the event of any dispute arising out of this agreement, both parties agree to attempt to settle the dispute through mediation. Costs of mediation shall be borne equally by the parties. Mediation of the dispute shall be conducted promptly upon submission of the dispute to mediation. The parties agree to participate in such mediation in good faith with a view toward achieving a mutually satisfactory resolution of the dispute. In the event mediation does not completely resolve the dispute, both parties agree to settle their dispute through arbitration.''
The fact is that 90 percent of filed lawsuits are settled prior to court, but not before the accumulation of tremendous legal costs, usually through the form of discovery (subpoenaing records, deposing expert witnesses, etc.) The result is that clients' best interests are not necessarily served because of the time and expense involved.
In recent years, many companies have concluded that court litigation should be avoided whenever possible. Progressive firms and organizations are turning to Alternative Dispute Resolution (ADR) to resolve disputes.
According to the American Bar Association, the national success rate of mediation in resolving conflicts is 80 percent to 90 percent.
The use of ADR, in particular mediation, is the wave of the future in effective resolution of disputes. For the sake of the taxpayers in Virginia Beach, perhaps it will soon catch on in Hampton Roads as it has in the rest of the United States.
Sharon M. McDonald
Mediation Center
of Hampton Roads
Norfolk by CNB