How to Borrow a Mediator’s Powers

Litigation, Vol. 30, No. 3, p. 41, Spring 2004

8 Pages Posted: 31 May 2011  

Dwight Golann

Suffolk University Law School

Date Written: 2004

Abstract

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.

Suggested Citation

Golann, Dwight, How to Borrow a Mediator’s Powers (2004). Litigation, Vol. 30, No. 3, p. 41, Spring 2004. Available at SSRN: https://ssrn.com/abstract=1854662

Dwight Golann (Contact Author)

Suffolk University Law School ( email )

120 Tremont Street
Boston, MA 02108-4977
United States
617-573-8183 (Phone)
617-305-3086 (Fax)

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