How to Borrow a Mediator’s Powers
Suffolk University Law School
Litigation, Vol. 30, No. 3, p. 41, Spring 2004
This article, selected for an anthology of best articles to appear in Litigation, focuses on how lawyers can use mediation and the presence of a mediator to achieve the best possible results for their clients. It begins with the assumption that mediators have special powers over the process of bargaining granted them by the parties and argues that a lawyer who actively thinks about how to invoke these powers can increase her effectiveness. The article gives advice, based on case examples, about how lawyers can use mediators to obtain and communicate information, support both interest-based/cooperative and positional/competitive bargaining strategies, manage difficult clients and opponents, and overcome procedural obstacles to settlement.
Number of Pages in PDF File: 8
Date posted: May 31, 2011
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