Being an effective advocate for a client at a mediation challenges a litigator’s basic instincts. That is because the theory, goals and dynamics of mediation are different—and, at times, completely antithetical—to those of litigation. Without truly understanding the process, litigators can unknowingly impede a successful mediation by continuing to wear their litigator’s hat in the mediation.
What Are the Critical Differences?
Some of the main differences between litigation and mediation are:
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