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Alternative Dispute Resolution

Aug. 30, 2014

Do marathon mediations make sense?

Anyone who has ever mediated a case, as an advocate or as the neutral, looks back at a marathon mediation session with either satisfaction that the case got resolved or frustration that the case did not settle.

Jill Switzer

Mediator
Alternative Resolution Centers

Formerly assistant general counsel at Bank of the West, Jill mediates employment, Commercial Code, business, elder financial abuse and real estate matters.

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Anyone who has ever mediated a case, as an advocate or as the neutral, looks back at a marathon mediation session with either satisfaction that the case got resolved or irritation and frustration (the most polite adjectives available) that the case did not settle.

But even if the case does settle, there is always a lot of "shoulda, woulda, coulda done better." Lurking in the back of the parties' minds is whether the decisions made in the marathon session could have been more adv...

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