Although it happens, it’s unusual if a dispute is about establishing some precedent or as a means of inflicting punishment. Most disputes can be categorized as economic propositions and the only effective way to resolve disputes is through the process of mediation. There is no loser in mediation because you have to agree to the outcome. You can learn more about the details of your opponent's claim in mediation than you could in litigation and at a fraction of the cost. Mediation provides the means of beginning the job of persuading your opponent of the worthiness of your claim, immediately. In litigation, persuasion is dealt with as the very last job. An early simultaneous mediation process even while you are litigating will most of the time result in a cost-effective early resolution.
As a sole practitioner for 50 years, I took cases as they were presented to me, which has accounted for the fact that, I have successfully litigated and mediated a wide variety of cases that have included labor relations issues, business, and labor contract issues, scientific research issues, inheritance issues, medical malpractice, personal injuries, constructive trusts, closely-held, and family business disputes.
If I was able to thoroughly understand and get comfortable with a new matter with which I had no previous experience, I went forward. I retrospect, I have always been very satisfied that my career has turned out that way.
In representing claimants or plaintiffs, I have had multi-million-dollar results and nearly all those results included litigation and simultaneous mediation. I think mediation is nearly always the most effective dispute resolution tool.
To facilitate mediation, the process is subject to Ohio Evidence Rule 408 which means that evidence of conduct or statements made in compromise negotiations is not admissible in any litigation proceeding.