Alternative Dispute Resolution
Feb. 25, 2012
The high cost of failing to prepare for mediation
Don't be fooled, the real negotiations begin the moment you enter the mediator's conference room. By Malcolm Sher
In joint session, the plaintiff listens to his lawyer's blistering opening presentation. One might expect him to be elated and emboldened, yet he looks down sheepishly avoiding the incredulous gaze of others in the room and hurriedly scribbles notes. He shakes his head, almost imperceptibly, looking at the mediator as if to say, "save me from what my lawyer is doing."
Again in joint session, defense counsel in a sexual hara...
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