This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...

Alternative Dispute Resolution

Mar. 2, 2012

Mediation is a team sport: maximizing the odds of settlement

Why the right approach to resolving a dispute takes team effort. By Wayne D. Brazil of JAMS


By Wayne D. Brazil


I wish I had a dollar for every time I've heard a settlement judge or a mediator say, "I settled that case." Unless I've missed something, litigants enter settlement contracts, not judges or mediators.


But judges and mediators are not the only players in the mediation drama who are "pronoun challenged." In the first caucus of a mediation I recently hosted, a lawyer's first words were, "I hope you&#...

To continue reading, please subscribe.
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!

Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)

Already a subscriber?

Enewsletter Sign-up