In light of impending tort reform, the author of this article addresses mandatory mediation and proposes that, although the "mandatory" aspect may have been appropriate to "get the ball rolling" in the 1970s and 1980s, it is no longer necessary. Instead, he advocates for an incentive-based voluntary model of mediation. The author outlines both the benefits and the disadvantages of mandatory mediation and concludes that the costs outweigh the benefits. He also provides a list of questions for legislators to consider when drafting the reforms.
For counterpoint to this article, please see "Another View of Mandatory Mediation," by Frank E.A. Sander.