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Creativity in Mediation Is Key

Albert Einstein once said, “Logic will get you from A to B. Imagination will take you everywhere.” Have you ever found yourself just going through the motions in mediation: caucus, shuttle offers back and forth, and repeat as necessary?

Every case is different. Your clients’ personalities differ with each case. How often are you adjusting your game plan accordingly? Use some creativity and imagination in the dispute resolution process, particularly in mediation. That map that you have in your mind that you think will lead you to settlement—throw the map in the trash.

Do not think outside the box; there is no box. Here are a few real-life examples of unconventional ways to achieve the desired outcome in mediation: a fair resolution.

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Bloomberg Law


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