Law360, New York (May 31, 2012, 1:18 PM ET) -- The role of the attorney in preparing for and participating in a mediation differs from the attorney’s role in preparing for and participating in other facets of a litigation. This is so because the goals are different.
The goal in a litigation is to win, however, that may be viewed in the context of the specific litigation. In contrast, the goal of a mediation is not to “win,” but rather to walk away with a negotiated agreement, which may very well be a “win” it is...