Mediation: The Roles of Advocate and Neutral (Aspen Casebook Series) by Folberg Jay & Golann Dwight

Author:Folberg, Jay & Golann, Dwight [Folberg, Jay]
Language: eng
Format: epub
Publisher: Aspen Publisher
Published: 2016-02-15T16:00:00+00:00

B. Entering the Process

1. Should You Mediate?

The first issue is whether to mediate at all. You should recommend mediation to a client if the following conditions are met:

There is a reasonable chance that the client can obtain a more valuable result by negotiating than by litigating, considering the risk and cost of continuing the conflict;

Direct negotiation with the other side appears difficult or impossible; and

It appears likely that mediation can help the parties overcome the obstacles frustrating the bargaining process.

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