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JAMS ADR Insights


A Pot Committed (No, Not That Kind) Mindset and Why You Should Bet on Early Mediation

In mediation, we often come across parties who have invested so much into litigation, in terms of either time or money, that they are driven to continue with a case even in the face of likely loss. The world of gambling calls this "pot committed.”

A poker player is pot committed when there is no better option than continued play of a losing hand. The term is often used to justify continued play where the player has bet significantly into the pot (the sunk costs philosophy). I have experience with this from years of playing high-stakes, professional Texas hold ’em poker. And, by that I mean, all the movies I've watched about gambling.

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The American Lawyer

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