Mediators! What Your Clients May REALLY Be Thinking
I'm attaching a Policyholders Guide to Mediation not because it's particularly useful in regard to the strategy and tactics necessary to be a successful mediation advocate, but to share with my fellow mediators just how low an opinion many litigators have of us.
Notice on page 2 (Mediation Downsides) the following:
- mediator may inappropriately discourage/scare the policyholder to force a settlement
- mediator may "tell insurance company things you ask them to keep secret" (!!!)
- mediator may have a financial stake in keeping the insurance company happy
Thanks to policyholder counsel extraordinaire Stephen Goldberg of Dickstein Shapiro for passing this along to me.