Alternative Dispute Resolution
Jun. 12, 2025
We're here in good faith
In mediation, talk of "good faith" and "bad faith" often serves more to posture or vilify than to promote resolution--what truly matters is not intent or moral high ground, but whether the parties are prepared, realistic, and focused on finding a path to settlement.
"Good faith" and "bad faith" are terms that are thrown around frequently in mediation. The expression "We're here in good faith" is often used by parties to justify an otherwise unreasonable (sometimes outrageous) negotiating position or to convince the mediator that, all appearances to the contrary, the party is making a sincere effort to settle the case. Similarly, accusations of "bad faith" are hurled at the opposing party, usually in an effort to
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