Managing Expectations During Mediation: A Formula

Law360, New York (June 22, 2012, 1:22 PM EDT) -- One of the goals for an adept and nimble mediator is to quickly inject some realism into the mediation discussion so that the parties will arrive at an objective assessment of their case.

Mediators use numerous methods and techniques to help the disputants to achieve this goal. Some mediators emphasize the uncertainty of the jury system, others center on the expense of presenting a case before a jury and the requisite appeal that follows, but most tend to focus on the parties’ interests in resolving the...
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