Navigating the transition from adversarial litigation to collaborative dispute resolution can be difficult. But making that transition allows for more productive mediation discussions. Litigation is unavoidably adversarial. The caption of every court filing lays out the opponents: One Side v. The Other. Lawsuits are characterized by language of conflict: complaint, […]
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Identifying the Benefits of a Negotiated Resolution
Mediation is more likely to be successful when parties take time beforehand to identify the benefits of a negotiated resolution. This goes beyond a generic understanding of the value of mediation vis-à-vis the cost and risks of litigation. To be sure, that understanding is important, particularly for clients without prior […]
Read MoreAre you talking with your clients about mediation?
If it’s not already, mediation should be one of the tools you incorporate into your litigation or pre-litigation strategy. In early conversations with clients (or potential clients), do you talk about the value of mediation as a dispute resolution tool? Do you discuss how mediation fits into your litigation strategy? […]
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