elements of a good mediation

One of the benefits of a being both a mediator and an advocate is the opportunity to view other mediators at work and try to employ what they do that is effective and avoid what is not.  I recently had a mediation where the mediator announced his expertise in the substantive area — thereby losing a substantial amount of his role as mediator —  and …

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Different Strokes

At one mediation I heard counsel accuse the plaintiffs of lying and engaging in “litigation lottery,” hoping for a big payoff. This mediation was over before it began. At another mediation, counsel for one party repeatedly accused the other party of lying under oath. That mediation resulted in a settlement favorable to the party making the accusation. So, what’s the difference? Should the opening session …

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