April 22, 2019 Articles

Considerations for an Effective Mediation

The mediation framework, the proper use of experts, and the settlement agreement.

by Ron Williams

Mediation can lead to a settlement, but getting there requires counsel to employ the right techniques, ranging from selecting the correct mediator for the particular dispute to anticipating the measures needed to close out a settlement. Implementing these measures can help clients avoid unnecessary time and expense associated with arbitration or a trial. But mediation must be handled properly, to avoid turning it into a mini-trial, which may not produce a settlement and may lead to an actual trial.

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