The Spring 2012 issue of the ABA Journal of Litigation interviewed two federal Judges, Judge Dan Polster of the Northern District of Ohio and Magistrate Judge Jeremiah J. McCarthy of the Western District of New York, regarding their mediation philosophies. Id., Judicial Mediation: Two Judges' Philosophies. Ultimately, they both believe--and I think most decision
makers would agree--that parties and the judicial system are almost always better off with voluntary settlement, so much so though that "even aggressive judicial settlement efforts" may be warranted, although caution is always required.
