Mediation is neither a trial nor a pretrial. Like those events, a successful mediation might result in a number but reaching that number depends on a new mix of preparation, strategy and negotiation skills. Mediation is not an event but a process with unique opportunities and pitfalls. Since the vast majority of litigated cases settle before trial, you may have already mediated some cases, or there might be a mediation in your future.
Since leaving the bench in the fall of 2011, I have had the privilege of mediating more than 250 cases. I have observed hundreds of lawyers in all kinds of disputes: personal injury, construction, employment, professional malpractice, business, insurance and family. Regardless of the subject matter, the successful mediation lawyers share certain common characteristics.
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