Alternative Dispute Resolution
Sep. 1, 2012
Mediators: advocates for the settlement
When a mediator becomes an advocate for a party, the mediator runs the risk of buying into that party's value of the case.
Robert S. Mann
Neutral
ADR Services, Inc.
Email: rmann@adrservices.com
Robert mediates and arbitrates business, real estate and construction disputes.
In a recent mediation of a litigated matter, we had spent a long, difficult but productive day trying to reach a settlement in a highly contentious and bitterly fought business dispute. The defendants had made an offer and, I was discussing that offer with the plaintiff and her counsel. The plaintiff and her counsel told me that they would not accept the offer - it had to be a higher number. They then asked me to convey a counter-offer, and as I was leaving the room, the plaintiff's lawy...
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!
Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)
Already a subscriber?
Sign In