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Alternative Dispute Resolution

Nov. 22, 2013

Can you 'win' a mediation, or is that an oxymoron?

Cases that go to trial have winners and losers, but are there winners and losers when cases are settled in mediation? By Bruce A. Friedman and Robert M. Cohen


By Bruce A. Friedman and Robert M. Cohen


To paraphrase a famous quotation, "There are bold trial lawyers, and old trial lawyers, but no old bold trial lawyers." Like jet fighter pilot Chuck Yeager, old trial lawyers understand "when to push it and when to back off."


The majority of cases are being settled these days. Even well-known trial lawyers are settling more cases than they are trying. This is confirmed by the Judicial Council ...

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