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Alternative Dispute Resolution

Mar. 12, 2011

The Principle-Principal Tug of War: How Money and Morals Influence Mediation

How to balance a client's concerns about principles with the basic goals of mediation.

Robert S. Mann

Neutral
ADR Services, Inc.

Email: rmann@adrservices.com

Robert mediates and arbitrates business, real estate and construction disputes.

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I will confess to having been a big fan of MAD magazine in my wasted youth and I remember a feature of the magazine entitled "When they say...what they really mean is..." This phrase has stuck with me over the years and it has a particular application to the mediation process in the context of the age-old conflict between "principle" and "principal."

Many lawyers, judges and mediators feel that when a client says in a mediation: "It's the principle of the thing," what...

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