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Complex case mediation: 6 essential tips for attorneys to succeed

Court-ordered mediation in complex cases can feel like a detour, but by applying the six CIRCLE strategies, attorneys can turn it into a powerful advantage for resolution and insight.

You are representing a client in a complex case that is making its way through the court system when – boom – the judge orders the parties to mediation. It may not feel like welcome news. Mediation can seem like an unexpected detour, one that delays litigation and pulls focus from trial preparation. But in truth, it presents a powerful opportunity. First, mediation allows your client to explore resolution without signaling any weakness your client did not initiate the process, beyond checking a box on the mandatory ADR form. Second, by approaching the session strategically and applying the six keys that follow, you will leave the mediation in a stronger position than when you started. Whether or not a settlement is reached, you will walk away with valuable insights into the opposing party’s strategy, a fresh perspective on your case from a neutral, and a clearer path forward. CIRCLE up your team and apply these six tips to conquer complex case mediation.

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This website is not a solicitation for business. All content on the JAMS website is intended to provide general information about JAMS and an opportunity for interested persons to contact JAMS. The content of this website is not offered as legal advice or legal opinion and it should not be relied upon for any specific situation.  JAMS neutrals are not engaged in the practice of law and no attorney client relationship is intended.  This website is for informational purposes only and does not constitute a complete description of JAMS services. While JAMS endeavors to keep the information updated and correct, JAMS makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, or reliability of the information contained in this website. 

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