The Myth Of The Forceful Mediator

Law360, New York (February 1, 2017, 12:56 PM EST) -- Recently, I was talking with a friend, a bet-your-company case litigator from New York City. When the topic turned to mediation, the conversation took a turn commonly taken when I talk with lawyers who either started out or ended up in the Big Apple:

“Do you know what I wish mediators would do?”

“Please tell me.”

“Be more forceful. I wish that mediators would be more forceful. Even with me.” Forceful top-gun litigators, from New York City and elsewhere, have been making this request for years....
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