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Mediators! What Your Clients May REALLY Be Thinking

By Victoria Pynchon

I'm attaching a Policyholders Guide to Mediation not because it's particularly useful in regard to the strategy and tactics necessary to be a successful mediation advocate, but to share with my fellow mediators just how low an opinion many litigators have of us.

Notice on page 2 (Mediation Downsides) the following:

mediator may inappropriately discourage/scare the policyholder to force a settlement mediator may "tell insurance company things you ask them to keep secret" (!!!) mediator may have a financial stake in keeping the insurance company happy

Thanks to policyholder counsel extraordinaire Stephen Goldberg of Dickstein Shapiro for passing this along to me.

 

Full post as published by Settle It Now Negotiation Blog on March 04, 2009 (boomark / email).