Alternative Dispute Resolution
Nov. 14, 2023
Mediation preparation and negotiating strategies
“Sell” your case in the brief and impress the mediator with your grasp of the facts and law. Do not rehash obvious legal principles. Summarize the legal theories and discuss only those issues that are in conflict or are novel.
Mediations, like trials, involve legal, tactical and ethical considerations and require diligent preparation. The following is a chronological list of the steps that should be taken in the preparation phase and the several strategies available during negotiations.
Talk to the client about the purpose of mediation, including its benefits and negatives. American Bar Association, Section of Litigation, Ethical Guidel...
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