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      <title>Negotiation Law Blog - Evaluative Neutrals and Mediator's Proposals - Comments</title>
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      <description>Southern California Arbitration Mediation &amp; Conflict Resolution: Settle it Now Dispute Resolution Services: Serving Los Angeles, Beverly Hills, Century City</description>
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         <title>Timothy R. Hughes</title>
         <description><![CDATA[<p>Great post Victoria.  My cases are construction litigation matters mostly, so it tends to be nuts and bolts valuation and risk exercises, lots of carrier types et c. ... but still, at the end of the day, a lot of it comes down to folks on both sides of the table not wanting to walk away thinking they were taken advantage of.</p>

<p>I tend to go for folks that can and do deliver evaluative reaction, but that are focused on listening and understanding the dynamic and personalities around the table and developing rapport and confidence.  It tends to be a mix for sure.</p>]]></description>
         <link>http://www.negotiationlawblog.com/mediation/evaluative-neutrals-and-mediators-proposals/#22609</link>
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         <category domain="http://www.negotiationlawblog.com/">Mediation</category>
         <pubDate>Sun, 27 Sep 2009 16:15:17 -0800</pubDate>
         <dc:creator>Victoria Pynchon</dc:creator>
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         <title>Michael P. Carbone</title>
         <description><![CDATA[<p>Vickie-</p>

<p>This is a very insightful and thought-provoking piece that you have written and rest assured that it will not end your brilliant career. However, I do not fully agree with the proposition that you assert at the outset.  It may be true of many attorneys and clients but what I find is that as mediation has become the accepted vehicle for settling cases we now have many sophisticated users who understand the process just as well as we do.  We should not sell them short, even if they are the exception to the rule.  As an example, a lawyer told me last week that what the case was "worth" was what the plaintiff was willing to accept and the defendant was also willing to pay. </p>

<p>Mike</p>]]></description>
         <link>http://www.negotiationlawblog.com/mediation/evaluative-neutrals-and-mediators-proposals/#22610</link>
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         <pubDate>Sun, 27 Sep 2009 16:15:17 -0800</pubDate>
         <dc:creator>Victoria Pynchon</dc:creator>
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         <title>Vickie Pynchon</title>
         <description><![CDATA[<p>Thanks for dropping by to comment, Mike.  The lead-in was meant to be a little provocative.  I agree with you that sophisticated counsel indeed know just what they are doing in a mediation, i.e., negotiating the best business deal available; looking for items other than $$ or dismissal to put on the table; bringing their clients in from out of the cold to take advantage of the depth of their industry knowledge and negotiation savvy; and, offering solutions that are surprisingly innovative.  </p>

<p>Obviously, I've been following discussions among mediators for too long, bristling a little at the idea that the primary value of a mediator is to "value" the case on an investment through trial and likely outcome basis.  </p>

<p>We have so much more than that to offer.   </p>

<p>I DO hope that this discussion will continue between mediators and those who use our services for the benefit of the people and businesses being served.</p>]]></description>
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         <pubDate>Sun, 27 Sep 2009 16:15:17 -0800</pubDate>
         <dc:creator>Victoria Pynchon</dc:creator>
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