Alternative Dispute Resolution
Nov. 28, 2018
Lessons in communication through mediation you didn’t learn in law school
Unfortunately, lawyers are seldom taught or trained in how best to communicate (other than with a jury or judge in the ultimate trial or written motions), but rather how best to argue or advocate on behalf of their clients.
Jan Frankel Schau
Neutral
ADR Services, Inc.
1900 Ave of the Stars Ste 250
Los Angeles 90067
Email: jfschau@adrservices.org
Loyola Law School; Los Angeles CA
It is a scene played out in court rooms and conference rooms daily. The plaintiff, acting through skillful counsel, lays out his "complaint" in formal bullet points on numbered (pleading) paper. In response, the defendant engages counsel who carefully and categorically deny each point and then add their own "affirmative defenses" (which are seldom formally addressed unless accompanied by a cross-complaint before trial). The pleadings are followed by formal interrogato...
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