Trials are the pinnacle of lawyering. This is where the rubber meets the road. However, most cases settle. Therefore, it is imperative for trial lawyers to develop specific mediation skills.
Mediation differs from litigation in two fundamental ways. First, the mediator is not a trier of fact and cannot rule on any aspect of your case. It is, therefore, largely a waste of time and energy to concentrate on convincing the mediator of the righteousness of your cause. This notion is so counter-intuitive that many litigators will automatically reject it. But they do so at their clients’ peril.
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