Alternative Dispute Resolution
Nov. 5, 2016
Avoid common errors made in mediation
Don't let the informality of mediation and the predictability of the process lead you into a false sense of mastery — lawyers who come well prepared dominate mediations and always obtain a better outcome. By Douglas E. Noll
Lawyers spend a disproportionate amount of time honing trial skills compared to the time spent developing themselves into effective negotiators. Perhaps the informality of mediation and the predictability of the process leads counsel into a false sense of mastery. Perhaps attorneys just don't think about how to improve their performance and outcomes in negotiation. Whatever the cause, as a long-time mediator, I see the same avo...
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