Geri S. Krauss, founder of Krauss PLLC, write: It is often difficult for litigators who are focused on the merits of their case and positional bargaining to transition to negotiations based on interests and a wide range of options for resolution. This can result in positions being taken which are counter-productive. So, what can litigators do to transform themselves (and their clients), at least for the course of the mediation, from warriors to peacemakers?
April 02, 2012 at 12:00 AM
1 minute read
Being an effective advocate for a client at a mediation challenges a litigator’s basic instincts. That is because the theory, goals and dynamics of mediation are different—and, at times, completely antithetical—to those of litigation. Without truly understanding the process, litigators can unknowingly impede a successful mediation by continuing to wear their litigator’s hat in the mediation.
What Are the Critical Differences?
Some of the main differences between litigation and mediation are:
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