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Alternative Dispute Resolution

Feb. 2, 2018

Facilitative mediation and the value of listening

For those of us who are the actual participants in mediations where a deal is the goal, where the strength of the mediator is measured in his or her rate of successful settlements, let's take a page from a style of mediation where resolution is not the goal.

Jaymeson Pegue

Partner
Pegue & Thompson

Pegue & Thompson has offices in Los Angeles and Santa Fe.

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Those of us who work in the world of litigation, whether as claims professionals or lawyers, increasingly rely on alternative dispute resolution as the avenue to case closure. While the tools of dispositive motions and trials are important, statistics tell us that the vast majority of lawsuits settle. The roads to settlement may vary, but most cases end up in a setting where settlement is the stated goal. Improving our skill set in the arena of mediation is critical.<...

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