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JAMS ADR Insights


Taking the Right Approach: Common Mediation Strategies and Tactics

One of the more common approaches in mediation is for one or both sides to start with what everyone recognizes as an extreme opening position. This often happens in cases that are clearly onedimensional, such as where the issue is simply how much the carrier is going to pay on a claim and there is no other possible accommodation between the parties. In such cases, it is not uncommon for both parties to take extreme opening positions; for example, a $1-million demand against a $1,000 offer. This signals a hardline posture and usually portends a long day with the mediator.

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