Initially a product of the desire for more efficient and cost effective settlements, the mediation session was seen as the final play in the drama. The moment the curtain would close and the audience would applaud. The mediation session represented the end of the show and a chance to step back and look away from the play. All of the preparation that went into the production was effectively utilized to present the play, and the actors were on their best behavior. If the case had a chance to settle, it would. There were no excuses for parties not being prepared, authority levels not available, or decision makers hiding behind layers of bureaucracy. Cases resolved because the process was designed for closure.

Now, almost 25 years later, the mediation session has transformed itself into one additional step in the litigation menu.

“Peer consultation” is a term used to refer to a process of peers consulting with peers in a non-hierarchical fashion. Although this does not preclude the possibility of varying levels of experience and expertise, the process relies on the acceptance that this is a collaborative group conferring with each other. This involves the practice of fully qualified and often highly experienced practitioners working collaboratively with peers to access and share information, discuss opinions, receive support, monitor best practice and obtain rigorous evaluation of their own professional activities within a professional context.