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Settlement Settlement Negotiations Best Practices

Holland & Hart - Your Trial Message

Mediate on Merits, Not Math

It’s a familiar scenario: As the case moves toward the mediation stage, the two sides start staking out positions with an eye toward compromise. The plaintiffs make a big ask with the expectation of coming down. The defense...more

Miles Mediation & Arbitration

To Open or Not to Open: Should You Include an Opening Statement at Mediation?

Are opening statements in mediation beneficial toward reaching a settlement? There is an ongoing debate by both advocates and neutrals concerning the advantages and disadvantages of including opening statements in mediations....more

Miles Mediation & Arbitration

Trust During the Mediation Process

Trust is an essential element of the mediation process. The whole point, of course, is to take two or more parties who have a dispute and help them reach an agreement. Because the process necessarily involves that dispute,...more

NAM (National Arbitration and Mediation)

10 Mistakes To Avoid At Mediation: Improving The Odds For Resolution

Under the best of circumstances, mediation may not result in the resolution of a litigated dispute. This may be as a result of factors which are not under the control of the parties. However, mediations are often negatively...more

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