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Alternative Dispute Resolution

Jul. 30, 2011

How lawyers help mediators settle cases

Lawyers help mediators settle far more cases, and on more favorable terms for their clients, when they keep these four assets in mind. By Howard C. Hay of PMA Dispute Resolution


By Howard C. Hay


Mediations settle many cases, and good mediators settle more of them. But in my experience as a mediator, lawyers help mediators settle far more of them, and on more favorable terms for their clients, when they bring four assets to the mediation: their ammunition, an open mind, credibility, and their decision-makers.

Ammunition: Mediators have no authority to require anyone to agree to anything at a mediation. So we use our l...

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