Originally published in September 2022. Last updated October 2023. Often, counsel believes that openings at mediation are a “waste of time” that unnecessarily delay getting down to negotiating. Some lawyers believe they usually do more harm than good. I don’t agree. Although there may be certain cases or areas of law where opening statements are
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Can A Mediation Fail?
Even if everyone at the table is focused on the best interests of their clients and moving the file forward, mediation may not always end with a settlement. This doesn’t necessarily mean that the mediation was a failure! Any mediation that results in the parties speaking openly and honestly to each other is a “win”,
Continue readingOpen With Strength – The Power Of Opening Remarks In Mediation!
Many lawyers often want to do away with opening statements in the mediation process, believing they are nothing more than formalities that get the backs up of each party and heighten tensions. This thinking suggests that whatever one side hears from the other is going to offend, insult and agitate, so why start mediation on
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