The Mediation Paradox: Collaborative Combat


Litigation is, by definition, an adversarial process. It would be naïve to believe that the essentially contentious nature of a lawsuit or arbitration disappears when the parties agree to mediate. Nonetheless, mediation offers a unique opportunity for the parties to come together and maximize the chance that they will be able to resolve their dispute.

It is a virtually self-evident proposition that parties to a dispute forfeit a substantial degree of control over their case upon the filing of a lawsuit or arbitration. The “rules of the road” are established by the tribunal, discovery is often protracted and almost always very costly, the finder of fact - whether a judge, jury or arbitration panel – is determined with limited or sometimes virtually no input from the parties. The types of relief that may be granted are circumscribed by wel -established legal principles and whatever relief is awarded is likely to arrive only after the passage of many months, if not years.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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