Forum (Forum & Focus)
Feb. 27, 2009
Without Prior Demands, Even the Most Impossible Cases Can Settle
Insistence on "reasonable demands" before parties submit to mediation can very quickly lead to impasse.
FORUM COLUMN
By Sanford M. Gage Mediation has proven to be very successful. Accordingly, we could apply the old bromide: "If it ain't broke, don't fix it." Nonetheless, a potentially deleterious practice that has the potential of derailing mediation before it ever gets started appears to be creeping into the process. Some insurers have been insisting that the plaintiff provide them with a "reasonable demand" before they will agree to meet....
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