I am often perplexed by the surprise of parties in mediation hearing for the first time that they could lose the case.
A reality based approach in mediation is the only way to get two sides – both of whom are saddled with risk – to reach a point of agreement in that proverbial middle ground.
Drop your weapons to have that reality check with your client before mediation to avoid the awkward moments when your client learns the negative side of their case at mediation. Then the true case analysis and risk assessment can be meaningful and productive during mediation.
M. Scott Radovich
RADOVICH TANGEMAN GREEN
Mediation & Arbitration
www.radovich.com
Please note that the author’s expressed opinions or perspectives are those of the author alone and may not be those of BlawgMine or of any employer, school, agency, organization with which the author may be affiliated.
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