September 11, 2018 Articles

The Difference Between Litigation Advocacy and Mediation Advocacy

By Edmund J. Sikorski Jr.

Litigators are highly focused on one thing—litigation. This includes document as well as electronic data review gleaned through both the investigative and litigation discovery process. The focus is on the development of answers to the question of what happened. The material must be sorted through and a liability theory developed.

Next comes garnering, developing, and marshaling evidence often including expert opinion and testimony to support or refute the liability theory. The focus of this material is on how it happened and why it happened.

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