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April 16, 2008

Why ever mediate?

For some answers, see Justin Patten's Human Law Mediation. It took our firm--and me--a long time to figure it out: paying a hard-working mediator to deliver a reality check to all sides is the best settlement device out there. It stifles the testosterone for a few hours, and forces reflection. Helps your client rep/GC and you with your inevitable "Kool-Aid" problems*, too. If something can settle at all, a good mediator will get that done. It is well worth the money spent. If it still tries, you try a more efficient case.

*Believing and thinking for whatever reasons that your court case is better than it actually is.

Posted by JD Hull at April 16, 2008 12:09 PM


Great mediators work miracles. Mediocre mediators are a complete waste of time.

Posted by: China Law Blog at April 15, 2008 06:20 PM

Dan Harris--I completely agree and that's why I added "hard-working". But I should have said more about quality, which varies out there. You do need someone special, and there are a few of those. JDH

Posted by: Dan Hull at April 16, 2008 08:35 AM

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