January 01, 2015

Advice from a Mediator: Imagining the Other Side

Edith L. Curry

In my 17-year career as an attorney and mediator, I’ve mediated cases ranging from corporate/vendor disputes of hundreds of millions of dollars to very emotionally charged family law issues. There have been a few cases where I firmly believe one side was fully in the right—where one party had the law, the facts, and the truth entirely on its side. The vast majority of cases presented to me, however, were far more ambiguous. It is exactly this gray area that draws many of us to practice law, that makes the Supreme Court so vital, that makes the study of law so important. And yet, litigation is frequently ill-suited to handle this nuance.

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