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Mediation Magic: Transforming Adversity into Collaboration

Lucy Chernow Brown
Lucy Chernow Brown
JAMS Mediator, Arbitrator and Referee/Special Master

Published December 1, 2017

Bitterly adversarial opening statements and attempts to intimidate the opposing side set the tone in too many mediations. In one case after both sides enthusiastically started down that intensely negative path, I privately queried counsel in the first caucus as to whether and how he could ever expect to negotiate an agreement with the opposing party after his fierce opening. He looked at me hopefully and replied, “I don’t know. Maybe…mediation magic?”

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