At its core, mediation is nothing more than a formal negotiation. As such, there are no fixed rules for how the process must be structured.
It has been over 40 years since mediation first appeared as a dispute resolution mechanism. During that time the process has evolved and changed in some significant ways. Parties and their attorneys need to be knowledgeable about, and comfortable with, the process in order for mediations to succeed.
The following are some recent developments in mediation that deserve consideration.
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