Mediation is a process of give and take. If your goal is to reach a mutually beneficial settlement, be prepared to bend. A “heads I win, tails you lose” approach is counterproductive. Starting with a reasonable position—rather than one that sets a negative tone from the outset—helps avoid an uphill battle toward resolution. When parties approach mediation thoughtfully and realistically, the process has [...]
Often, parties come to mediation with a great deal of animosity toward the other side. This frequently results in a request that there be no opening session. I am a big proponent of opening sessions in which the parties can hear the factual and legal positions directly from the other side, in a conversational manner, [...]
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