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Representing Clients in Mediation: A Mediator's Perspective

Cutler, Phil. Dispute Resolution Magazine, Apr. 1, 2003

In this article, the author instructs attorneys in the art of mediation advocacy. To properly ply this art, attorneys should mediate early, using discovery sparingly, and choose the right mediator for the case. Prior to mediating, attorneys should confer with opposing counsel, select the right client representative to attend and prepare that person well. Once at mediation, attorneys should be strategic as to whether to make use of joint session, listen actively and keep in mind the importance of their opening settlement offer. Creativity and flexibility are also assets of the artful advocate in mediation.

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