Category Archives: ADR

Mediations are negotiations - and in negotiations, drawing lines is sometimes the final step. (More often, it is an almost final step.) But what happens if you draw a line, and the other side crosses it? Well, if you let them cross it without repercussions, they know that the line means nothing...

Often, parties who are somewhat peripheral to a dispute in litigation learn of a mediation among the actual parties. They may be invited to it or just clued in by serendipity. However it happens, they should be considering the question, “Should we attend?” My cavalier but still serious answer is: “Yes....