Originally from Alternatives to the High Cost of Litigation

PAGE PREVIEW

Different practice areas reveal different stumbling blocks for neutrals. Patterns emerge, and sticking points surface repeatedly.

This author has conducted hundreds of mediations involving commercial and employment matters; trade secrets; restrictive covenants, and issues of international law. This article focuses on those potential trouble spots, based upon actual as well as hypothetical mediation scenarios. The following is intended to develop some of the common trouble spots and provide constructive suggestions to make mediations more effective.