Nashville's Greatest Hits Tell the Story.

In Nashville, it's always about the song. Why should commercial mediation be any different? While we often discuss mediation strategy, mediator selection, and settlement agreements, the most fundamental question deserves our attention: Why choose mediation in the first place?  Let's explore three compelling reasons through the wisdom of some unforgettable songs.

1. "I'm Gonna Get Over This Someday" - The Power of Timely Resolution

As Logan Ledger, T Bone Burnett, and Roseanne Cash remind us, "I'm gonna get over this someday; I might as well get over it now."¹  In litigation terms: Your case will settle eventually—why not settle it now?

Recent statistics from the Middle District of Tennessee for the twelve months ending June 30, 2024 tell a stark story:

• Of 1,571 terminated cases, only 69 went to trial
• Median time from filing to trial completion: 43.8 months

The Middle District is not unique.  For the entire federal court system during that same period, less than one percent of case terminations were by trial.  There were 304,198 case terminations nationwide and only 1,834 trials.  Further, of those 304,198 case terminations, 62,904, or about twenty percent, were terminated without any court action.

The message is clear: Most commercial disputes don't end in trial, and those that do face a lengthy journey. Mediation offers a faster path to resolution while giving parties control over the outcome—something a court-imposed decision can't provide.

2. "Rock and Hill" - Escaping the Burden of Litigation

Allison Moorer's lyrics "I'm tired of pushing this rock up this hill”² perfectly capture the grinding reality of litigation:

• For Clients:
  • Monthly legal bills that strain budgets
  • Lost productivity from litigation demands
  • Stress of legal proceedings
  • Time away from core business operations
• For Attorneys:
  • Balancing thorough case preparation with cost efficiency
  • Maintaining settlement leverage while controlling expenses
  • Managing challenging opposing counsel relationships

As Moorer notes, "a bird can't fly with a broken wing." Litigation can clip your business's wings, but mediation offers a way to shed these burdens and return focus to growth and success.

3. "I Can See Clearly Now" - Creating Win-Win Solutions

Johnny Nash's optimistic classic speaks to mediation's unique advantage: the ability to craft solutions beyond what a court can offer. While litigation often ends with lingering clouds of appeals and enforcement issues, mediation can truly bring that "bright, bright sun shiny day."³

Consider this scenario: Two long-term business partners—a component supplier and a manufacturer—face quality control disputes. Traditional litigation can only resolve the monetary damages based on established legal principles, but mediation can go further and offer more comprehensive results that benefit all parties:⁴

• Preserve valuable business relationships
• Implement improved quality control measures
• Establish better communication protocols
• Create joint press strategies
• Design future dispute resolution procedures

Why Choose Mediation Now?

1. Statistical Reality: Your case will likely settle—choosing mediation now saves time and resources
2. Business Focus: Stop pushing that litigation rock uphill and return to what matters
3. Creative Solutions: Find resolutions that serve business interests, not just legal positions

Ready to Explore Mediation?  I’m here to help.  Susan@mcdonalddisputeresolution or go ahead and schedule on my website:  www.mcdonalddisputeresolution.com/. 

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1. You can heard Logan Ledger’s version here: https://www.youtube.com/watch?v=cwgZYyNT-h4
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2. You can listen here:  https://soundcloud.com/allison-moorer/the-rock-and-the-hill ↩︎
3. https://www.youtube.com/watch?v=b0cAWgTPiwM ↩︎
4. I’ve been reading about economic theory that distinguishes distributive or zero-sum bargaining from integrative bargaining, which can have positive-sum results. See G. NICHOLAS HERMAN, ADVOCACY IN NEGOTIATION AND MEDIATION §2.04 (2021). Yes, I had to pull out the Bluebook for that one. ↩︎