Preparing Clients for Productive Mediations
By EsqSocial Corporation 05/05/21
Even seasoned mediators and trial lawyers, may not be aware of participants’ reaction to one aspect of the mediation process—the bargaining. Civil litigation can be triggered by injury, injustice, dashed expectations—things that are emotionally charged, even in a purely commercial case with sophisticated clients. The emotions surrounding litigation may explain why participants in mediations, experienced and inexperienced litigants alike, are shocked and surprised in the normal course of...
By: JAMS