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Perspective

Aug. 13, 2011

Negotiation v. Mediation: A mediator’s perspective

Mediation at its heart is about negotiation - dollars are relatively easy to deal with, interests create the challenges. By Richard S. Reisberg of JAMS


By Richard S. Reisberg


In a classic negotiation, the principals, either with or without attorneys, are trying to make a deal or resolve a dispute. If the matter is commercial, the parties will have at it until one or both sides call it a day, and they either determine to negotiate another day or go directly to their attorney's office and begin the legal journey. If the negotiation involves disputes such as wrongful termination, personal injury, medical malpra...

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