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Focus (Forum & Focus)

Jul. 4, 2008

When Winning Is Losing

The presence or absence of providing for the recovery of attorney fees by the prevailing party will alter the dynamics of a mediation, writes Leonard S. Levy - Focus Column

FOCUS COLUMN

By Leonard S. Levy
This article appears on Page 5

      Formulating a strategy for conducting a litigated case is the litigator's forte. Your client has rights, and has been damaged. The defendants are going to have to pay, and the litigator's job is to make certain they do. Why mediate first? A demand for mediation could be construed as a sign of weakness. First, get the case into a posture that maximizes your clie...

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