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JAMS ADR Insights


Timing: An Overlooked Component Of A Successful Mediation

As a seasoned mediator, I have found that timing is a key and underrecognized component of mediating successfully. We all know that experienced litigators carefully consider when to start mediation. That is when they have the chance to so decide. Sometimes a contract, often seen in employment cases, requires that mediation be started when requested by one party; a court may mandate early mediation; or an adversary may suggest going to mediation.

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