The *&?Q!! Factor – Opposing Counsel

No easy answers here, but some suggestions.  One:  For your mediation opening statement, say to opposing party: “This is my only chance to talk with you directly.  There are things about this case you need to know.”  Tell it like it is in a clear, non-confrontational manner.  In a recent mediation I witnessed the best example of this tactic I’ve ever seen.  It was very powerful.

 

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