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Alternative Dispute Resolution

Nov. 27, 2012

Client relations: a new approach for greater success at mediation

The relationship of lawyer and client and the process of reaching a settlement at mediation is difficult because of the fundamental truth of the old saying that "lawyers advise - but clients decide."

Robert S. Mann

Neutral, ADR Services, Inc.

Email: rmann@adrservices.com

Robert mediates and arbitrates business, real estate and construction disputes.

In a recent mediation I told the plaintiff's lawyer that his opposing counsel had recommended that his client accept the plaintiff's last offer but the defendant has refused to follow this advice and rejected the offer. The very frustrated plaintiff's lawyer exclaimed: "Who's running this show anyway?" It was a good question and honestly, it's often a mystery to me as well. What isn't a mystery is the profound, and consistently negative, impact that a lack of "client control" has on the ...

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