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