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Alternative Dispute Resolution

Sep. 28, 2013

The advantages of moving first in a mediation

Most people believe that they gain insight into the other side's bargaining position by moving second. But research belies this conventional wisdom. By Jay C. Gandhi


By Jay C. Gandhi


Often no one wants to make the first move at a mediation. It is a recurrent theme in many mediations and across the legal spectrum - business cases, intellectual property infringement suits, single plaintiff or class actions:


"You go first."


"No, you go first."


Why wait? Most people instinctively believe that they gain insight into the other side's bargaining position. It is a sneak ...

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