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Mediations called before a suit is filed are rare but very welcome. The benefit is saving your client the time, money and aggravation of litigation. The problem is lack of the information you will reap from discovery. I always point out to the parties that it is clear their attorneys are trying to do what is best for their clients, forgoing the often substantial fees that will likely accrue in litigation. I make this point even in contractually required pre-suit mediations. There is always a choice of mediators and if they bring me in, I believe, they are really giving mediation a try.
To my Christian friends and readers, Amuse, educate, help your colleagues by sharing experiences you’ve had. If I use your story I will send you a $25 Starbucks gift card and give your name, contact information and practice area. Make your assistant’s day. He or she can schedule on my website, http://www.mediatorman.com without the need for a call or email. Then I prepare and file the mediation documents. |