Making the Most of Mediation: Strategic Preparation for Better Outcomes

The first step to resolving a dispute is deciding that you want a resolution. Some parties prefer to fight—at least for a while—and sometimes this is the best approach. But habit and inertia often lead people to pursue litigation reflexively and linger with it longer than they should. Settlement is usually better for everyone—provided it can be achieved on reasonable terms. If negotiation is working well and the parties are on track for a quick and easy resolution, they should simply proceed on their own. If not, a mediator can often be helpful.

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