Frivolous Claims
It genuinely did not occur to me until I'd been mediating full time for a year that "frivolous" claims most often arise from felt injustices (instances of unfairness in the commercial world) that the law does not recognize. When attorneys attempt to rectify non-actionable wrongs, they so drastically "spin" their clients' stories that the resulting claims appear to be false and therefore not only frivolous, but malicious. By the time the parties come to mediation, the legal "story" has often become unrecognizable to all the parties -- a result of client "control" at depositions and pre-trial proceedings in which the "whole...
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