Perspective
Dec. 3, 2016
The lost art of direct negotiation
While mediations are all the rage, directly negotiating with opposing counsel can bring useful insights and information to your case preparation. And you might even settle. By Douglas E. Noll
Forty years ago, litigated disputes were not mediated. Instead, counsel negotiated directly with one another. In the early 1980s, settlement conferences became a standard practice as courts learned that cases could be settled weeks before trial. I mediated my first case, a water well contamination case, in 1983. Mediation slowly became the norm until today it has become the primary method of negotiating settlements. There is obv...
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