Litigators often underestimate the power of mediation. Mediation can be incredibly valuable, not only as a tool to settle disputes, but also as a mechanism to assess risk, view evidence from a different perspective, size up your adversary, and get a neutral third party’s insight into the strengths and weaknesses of your case. As a mediator, I frequently see litigators squander the opportunities that mediation presents by making mistakes that can impair chances for settlement and make the mediation process longer and less efficient than it otherwise could be. Learning from these common mistakes can help you better prepare for mediation, avoid derailing settlement, and create the most value for your time.
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