In the work that I do (workers’ compensation in Washington State), mediation is mandatory. Every case that goes to litigation must have at least one round of mediation before heading to trial. Over the years I have encountered a large number of mediators with varying styles, but typically a mediator will fall into one of two categories: the active mediator and the passive mediator. Working with the former is easy, but the latter, especially the almost silent, can be a challenge to work with. In this article I’ll explore tips and tricks to help you get the most out of mediations with a silent mediator.
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