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Tangible Benefits:
Clients and Counsel Gain Advantages Through
Mediation
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Explore settlement options
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Assessment of opponent's case
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Discovery tool
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Narrows issues
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Cost savings
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Time savings
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Informal
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Confidential
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Private
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Potential for value billing for enhanced
revenue
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Settle difficult, unproductive cases
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Creative, flexible solutions
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Client bound only if agreement is reached
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Increased compliance rate
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Procedural, substantial & psychological
satisfaction
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Addresses client's emotional needs
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Addresses client's personal concerns (cf.,
legal position)
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Clients are demanding it with more frequency
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Involves decision-makers on both sides early
on
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Parties get to choose, rather than be
assigned, the mediator
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Process is infinitely flexible: parties
decide on procedure, parties to be present,
whether briefs should be submitted, scope of
issues to be discovered, whether a second
session is necessary
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Useful where only a narrow issue is in
dispute, e.g., where liability is already
conceded
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Client control assistance
(good-guy/bad-guy): helps educate client to
realities of probable case outcome without
jeopardizing attorney/client relationship
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Can re-establish business relationship
between disputants
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Preserve ongoing relationships and establish
procedure for resolving future disputes
between the parties without litigation.
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