There has been a sea change in litigation and dispute resolution during the past 25 years. Far more cases are resolved in alternative dispute resolution (ADR) than by trial, and the relative numbers continue to increase as mediation and arbitration continue to expand. Critical in all dispute resolution—traditional trial, mediation, or arbitration—is the Art of Persuasion. Collectively, the authors have been involved in well over 1,000 civil disputes, either as advocate, mediator, or arbitrator. From this practical experience, they have learned many keys to the Art of Persuasion, both in mediation and arbitration. Unsurprisingly, there is overlap in what the advocate needs to do in these two ADR methods, as well as differences inherent in the different formats of mediation and arbitration.
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