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While mediation has become part of the legal landscape and is now almost second nature to most litigators, there remain some pockets of resistance. One of those pockets is bankruptcy. ....
Five Easy Ways to Fail at Mediation | Miles Mediation & Arbitration jdsupra.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from jdsupra.com Daily Mail and Mail on Sunday newspapers.
To embed, copy and paste the code into your website or blog: It’s mid-afternoon. Mediation has been dragging on for hours, and the clients are getting frustrated. Both parties feel as though they have been making good moves, but the other side is being unrealistic and unreasonable. The lawyers are questioning if it is worth continuing. Something needs to change, or this mediation might go off the rails. Often, in this moment, the mediator will suggest, “Have you considered proposing a bracket?” The suggestion is always met with a decisive response. Lawyers tend to have strong opinions on brackets, pro and con. Some embrace the concept as a tool for communication, while others regard them as a distraction from “real numbers.” But most everyone agrees, if you want to settle the case and nothing else is working, bracketology is worth a shot. ....
Should We Start with a Settlement Agreement? | Miles Mediation & Arbitration jdsupra.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from jdsupra.com Daily Mail and Mail on Sunday newspapers.