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Is Your Adversary Really Mediating in Bad Faith

Marc E. Isserles, Esq.
Marc E. Isserles, Esq.
JAMS Mediator, Arbitrator, Referee/Special Master, Hearing Officer

Published July 17, 2017

“We think the other side is negotiating in bad faith.” Mediators hear statements like this all the time, often from both sides in the same case. And yet, parties settle difficult cases every day, warmly shaking hands with the very people they accused of “bad faith” negotiation just hours before. What is going on?

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