The Kentucky court system experienced substantial funding cuts back in 2008. According to Chief Justice Minton, those cuts dramatically reduce the overall budget of the court system by 49% since that time. Despite this, Kentucky courts continued on with minimal staffing. In some counties, court dockets are so backed up that it takes several months for a trial to be set.
No wonder judges routine order parties into mediation!
The budget from the Kentucky House of Representatives proposes cutting an additional $36.3 million dollars next year and $40.6 million for the year after that. Those are huge cuts that will only impair the courts and make it take longer and longer to get lawsuits settled. In an email sent out on March 16th, Justice Minton asserted that, “Our ability to attract high-caliber, experienced judges to the bench is becoming compromised.”
Do you want to wait for months for your case to be tried by a less than high-caliber or inexperienced judge?
Mediation brings two or more parties together who have a dispute that they cannot resolve on their own and facilitates candid discussion of the issues and options. A neutral third-party, trained in conflict resolution, provides a forum for airing grievances in a confidential setting in order to move beyond entrenched positions to address the real issues. Once a skilled mediator has helped the parties get to that place, they provide the framework for the parties themselves to find novel answers, compromises, and mutually beneficial solutions.
Mediations is a here and now answer to the strain that the courts are under. And, the financial cut-backs show no sign of reversing. That means mediation is the future of conflict resolution as litigation becomes increasingly time consuming and expensive. A mediation can be scheduled within days or just a few weeks from the time parties agree to sit down together.
Sure, mediations do not always successfully resolve every issue. But, neither do trials. Consider this prior post entitled “Litigation Disillusionment” revealing other shortfalls to litigation. However, progress has occurred in every mediation in which I have been involved and nearly all of those matters ended up resolving fully without being heard by a judge.