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 trepidation. Litigation (or even pre-suit activities) wear on clients who are not regular litigants. The majority of cases settle at mediation. And who gets all the thanks? The Mediator. However, it is the attorneys who have positioned the case prior to mediation (to get the [...]
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