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Perspective

Aug. 28, 2010

'If I Had Known That...' Avoiding The 'Non-starter' in Mediation

Before committing to mediation, there is nothing tactically wrong with letting the other side know how you value the case, by Scott Markus of PMA.

By Scott S. Markus

The stage is set.

After a joint session among all mediation participants, the mediator moves into the first caucus with plaintiff's counsel and her client and spouse. After a further discussion of the issues, the mediator emerges with an opening demand - $1,675,000.

After a discussion of issues in the first caucus with defense counsel and in-house counsel, the demand is presented and they are dumbfounded...

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