Protect Yourself From Biased, Deceptive Mediators: Part 1
October 5, 2012, 12:03 PM EDT
Law360, New York (October 5, 2012, 12:03 PM EDT) -- Mediators are human beings and, as such, have biases. If left unconstrained, those biases will ripen into deception of you and your clients. That deception will poison, not facilitate, your negotiations. It will lead you and your clients into bad deals, deals which gratify the mediator’s biases but do not serve your clients’ best interests. Remarkably, and in my view sadly, much of the mediation establishment thinks this is just fine.
You need to protect yourself from mediators who refuse to constrain their biases. The outcomes...