Mediation and Negotiation: Give Them a Little Time
I'm always a little surprised that parties to a pre-trial settlement conference or mediation have any expectation that they might be able to resolve a dispute of years standing in half a day, or even a single day. That they often do settle their differences in so short a time is pretty amazing when you consider the time and effort (and resulting polarization) that have gone into the litigation of that dispute. Mediators and settlement judges often feel as if they're fighting the clock because the parties are impatient with the process and primed to storm out of the room if they...
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