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Pre-Mediation Caucuses May Improve Mediation Efficiency

Law360 (June 14, 2018, 4:59 PM EDT) -- Mediation has become the preferred method of resolving disputes for many litigators in the United States. Typically, prior to the commencement of a mediation, the mediator will speak with counsel for each party, usually by telephone, and may receive a written brief from each counsel describing the status of the case. The formal mediation then begins with a joint session in which the parties and their counsel meet with the mediator, and in which the lawyers make opening statements. Then the mediator caucuses with the parties...
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