Alternative Dispute Resolution
Nov. 27, 2010
Lawyers, Don't Neglect Your Opening Statements
Working cooperatively with mediators in open joint sessions is an effective advocacy tool for lawyers that should never be ignored. By Jeff Kichaven.
"Mr. Mediator, I just don't do opening joint sessions. I want to give you the case and let you take care of things. I'll stay in my caucus room down the hall."
Mediator after mediator hears this from lawyer after lawyer, day after day.
This desire to avoid the opening joint session is understandable. Lawyers have learned, sometimes painfully, that the rhetorical techniques that persuade disinterested decisi...
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