Recently, we led a mediation training for a group of litigators, all of whom work in multi-party, high-intensity cases. The goal of the training was not to transform these fierce advocates into dispassionate mediators. Rather, we worked with them to develop communication skills—familiar to mediators—that would be effective for negotiating in an adversarial process. As the attorneys responded positively to the notion of incorporating some of these techniques into their daily practice, herewith, a few tools of the mediation trade.
Mediation is a consensual dispute resolution process. In broad strokes, the steps of the process are:
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