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Avoiding and Dealing with Pessimism in Mediation - Alternative Dispute Resolution News

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Alternative Dispute Resolution News


Posted on: Aug 1, 2019

By John Trimble, Lewis Wagner LLP

All of us who attend or conduct mediation on a regular basis soon come to realize that pessimism is one aspect of mediation that occurs in every mediation session. We learn that if we let pessimism cause us to quit, we would never settle anything. However, pessimism on the part of the parties and their counsel (coupled with impatience) can prevent a very “settle-able” case from being settled. Conversely, strategic use of pessimism by a mediator or a party can be effective in achieving settlement.

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