The litigation section of the California Lawyers Association recently published this bon mot:
“Mediators are expected to play the role of ‘Devil’s advocate,’ questioning the strength or viability of the various legal arguments being asserted by parties and/or their counsel.

Many lawyers and claims professionals say that the litigation process is a search for truth. They will swear allegiance to a jury’s ability to ferret out the truth from conflicting evidence. And yet, more than 90% of all cases settle.