Wednesday, June 12, 2013

On Mediation

The purpose of mediation is not to get a settlement--it is to get a just settlement.

To be impartial and effective, mediators must suppress their personal feelings--this may hurt their personal relationships where the expression of emotion is critical.

Mediators must avoid over controlling simply to get to "yes"

Mediation should precede, but not prohibit, litigation.

Mediation involves an imbalance of power between clients and the Mediator must address this imbalance without alienating the dominant party.

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