Credit: ozefmicic/Adobe Stock What Is Bad Faith in Mediation?
The adversarial system of litigation is not one that engenders trust among counterparties. So, it makes sense for people to expect the worst of one another when they arrive at the negotiation table. But this can become an issue in mediation when it clouds the decision-making processes of counsel and client alike.
November 18, 2022 at 02:20 PM
6 minute read
Black's defines "bad faith" as "the opposite of 'good faith'". The law dictionary explains that when bad faith is involved, actual or constructive fraud follows, along with designs to mislead or deceive another, or to neglect or refuse to fulfill some duty or contractual obligation. Bad faith is not an honest mistake—it's "sinister".
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