June 10, 2026 – Could mediation help your client resolve a dispute before resorting to costly litigation? And if mediation stalls, would you know how to move the conversation back toward resolution?

For Wisconsin lawyers, especially newer attorneys still developing their litigation instincts, alternative dispute resolution (ADR) is not a side issue. It is a core part of modern practice.

That was the message from Susan M. Bauman, a mediator and arbitrator in Madison, who presented, “Survey of Wisconsin Dispute Resolution,” at the State Bar of Wisconsin’s 2025 Annual Meeting & Conference​. In a conversation following the session, Bauman discussed the practical value of ADR, the difference between mediation and arbitration, and what lawyers can do to help clients make better use of the process.

Why ADR Matters

Bauman said lawyers should be familiar with ADR because relatively few filed cases ever reach trial. Many disputes are resolved through negotiation, mediation, or other processes long before a jury or judge decides the outcome.

Mediation, she said, gives parties a chance to resolve a dispute earlier, with the help of someone focused on that case and its particular dynamics.

Arbitration, by contrast, offers a final and binding decision, but in a process that can be faster and less formal than traditional litigation.

For clients, that distinction matters. A client who wants control over the outcome may be better suited for mediation, where the parties work toward a compromise.

A client who is bound by an arbitration clause, or who wants a final decision outside court, may need to understand that an arbitrator is the decision-maker.

Mediation Requires Compromise

In mediation, the mediator does not decide the case. Instead, the mediator helps the parties identify what it may take to reach an agreement. That process often includes joint discussion, separate caucuses, and confidential conversations with the mediator.

For lawyers, one of the most important lessons is that mediation is not simply another round of positional bargaining. It requires the parties to think realistically about risk, compromise, and the value of closure.

Bauman offered a practical description of a successful mediation: “If they both think they've given up too much, it's been successful.”

That may be an important point for younger attorneys to explain to clients. Mediation is not usually about total vindication. It is about finding a resolution both sides can accept, even if neither side gets everything it wanted.

What Makes a Good Mediator?

When asked what makes a good mediator, Bauman emphasized neutrality, impartiality, and listening.

Listening, in Bauman’s view, means hearing more than the words being spoken. Parties may state a financial demand or legal position, but the real barrier to settlement may be something else: anger, distrust, disappointment, a need to be heard, or a desire for acknowledgment.

Good mediators probe those underlying issues. They help lawyers and clients move beyond the numbers and ask what would actually make resolution possible.

That can be especially useful when lawyers believe negotiations have hit a wall. Bauman said a mediator can sometimes identify issues or options that neither side had considered and help the parties “get over the hump.”

What Derails Mediation?

Bauman said mediation can break down when disputes become too emotional or too personal. Finger-pointing, distrust, and accusations can pull the parties away from resolution and back into conflict.

In one example involving a contractor dispute, Bauman described parties getting stuck in competing accusations over who said what and who failed to do what. Her response was to redirect the conversation: “Let's go back to what is going to get this resolved, not ‘he said, she said.’”

That is a useful reminder for lawyers. Advocacy in mediation means helping the client understand the goal of the process and keeping the conversation focused on resolution.

Lawyers can help by preparing clients in advance. Clients should understand the purpose of mediation, the confidentiality of the process, and the likelihood that meaningful compromise will be necessary.

Come Prepared

Bauman’s most direct advice for lawyers was simple: “Come prepared. Know your case inside and out. Know the strengths and the weaknesses.”

Preparation includes more than knowing the favorable facts. Lawyers should understand the risks, likely defenses, evidentiary problems, client expectations, and settlement options. They should also be willing to discuss those issues candidly with the mediator, recognizing that confidential conversations can help move the process forward.

That point is especially important for new lawyers. Mediation can be an opportunity to demonstrate strong advocacy, but it rewards preparation, judgment, and flexibility. A lawyer who understands both the law and the client’s practical goals is better positioned to use mediation effectively.

Learning to Become a Mediator or Arbitrator

For attorneys interested in serving as mediators or arbitrators, Bauman pointed to formal training opportunities as well as the importance of practical experience. She said on-the-job learning, observation, and shadowing experienced neutrals can be especially useful.

For arbitration in particular, where training opportunities may be less common, she suggested identifying arbitrators willing to let newer lawyers observe the process and, when appropriate, practice drafting awards or talking through decision-making.

That kind of mentoring can help lawyers understand not only the mechanics of ADR, but the judgment required to guide a process fairly and effectively.

Consider ADR Earlier

Bauman’s final message was straightforward: lawyers should consider ADR as an alternative to going to court.

That does not mean every case should settle, or that litigation is never necessary. But it does mean lawyers should be prepared to advise clients about mediation, arbitration, and other dispute resolution options with the same care they bring to pleadings, discovery, and trial preparation.

ADR is not just a way to avoid court. Used well, it is a way to serve clients efficiently, manage risk, and help people move from conflict toward resolution.