It can be very difficult for those of us who both litigate and mediate to transition back and forth. The language we use in litigation can be very counter-productive in the mediation process. This article from Family Lawyer Magazine that discusses how we can use language to more effectively mediate. The article is the third in a series about value-based language. Hopefully, it will help us all think about the words we use not only in the mediation process but any form of settlement negation.
This article was submitted by Clarissa Finnell, Schultz & Pogue LLP. If you would like to submit content or write an article for the Alternative Dispute Resolution Section, please email Kara Sikorski at ksikorski@indybar.org.