Give the Mediator the Tools Needed to Move the Other Side

The starting positions of parties at a mediation are vastly different and conflicting. The mediator’s role is to narrow the differences to the point where the parties reach agreement. To do this, the mediator must change the perception each side has of the strength and value of its case. Among other things, the mediator conveys arguments based on law and evidence to increase the perception of uncertainty of results at trial for all parties. Give the mediator sound arguments that illuminate the strengths of your case and the weaknesses of opposing parties. Tell the mediator what you have been unable to get the other side to understand. Give the mediator the tools needed to move the other side.


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Download Chapter By Francis L. Carter

Bankruptcy Mediation is a treatise published by the American Bankruptcy Institute