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Alternative Dispute Resolution

Oct. 14, 2003

Counsel Must Prepare Parties to Accept Settlement

Focus Column - Alternative Dispute Resolution - By Michael J. Roberts - Consider a common situation: An employment mediation that has been going on all day and into the evening is at the point where the settlement offers are within a reasonable range of each other but the parties are unwilling to compromise further. Emotions are running high, and each side is questioning the motives of the other. The mediator has dipped into his arsenal of impasse-breaking techniques, but nothing seems to work.

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