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Alternative Dispute Resolution

Jun. 10, 2009

When It Comes to Joint Session Negotiations, Talk Isn't Cheap

Small talk during joint sessions can put the parties into a collaborative mood, writes Victoria Pynchon.

FORUM COLUMN

By Victoria Pynchon

Whether parties to litigation should engage in joint session bargaining at some point in the process is a hot topic at the moment because joint session practice is nearly a dead letter in one of the most active and sophisticated mediation markets: Los Angeles.

Most attorneys do not like to begin their mediated negotiations with a joint session and neither do many mediators. The reason most often given is ev...

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