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Ready, Set, Go

Ready, Set, Go

By Jonathan Kaplan

Dispute Resolution 


Some time ago, a solicitor marched into a mediation and proclaimed that if his client didn’t get what he wanted, court documents had been prepared and were ready to be issued. Not the way to start, I thought. He could have said that his client felt very strongly about his position but was nevertheless ready to bargain in good faith. Needless to say, the tone had been set, attitudes hardened, and I had an early lunch. In litigation, to totally succeed one needs to prove every fact asserted and have every legal argument accepted by the court. In mediation, the parties are usually unlikely to find much agreement on the law (although it is important that the legal positions are put) and inevitably they will probably not agree on all of the facts.

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