Litigation, mediation, arbitration, early neutral evaluation, and other processes boil down to methods of exchanging information so that a decision can be made. In litigation and sometimes arbitration, the exchange process is costly and time consuming because it is based on the legal rights of the parties, as determined by a judge or arbitrator. In mediation, facilitation, or negotiation, the process costs can be much lower because the parties can use their own judgement regarding the quality of the evidence and the ultimate resolution.
Understandably, some parties and their lawyers have trouble with the idea of going blindly into a mediation. They fear, perhaps, they are being set up for a bad deal, or will be expected to settle with too little information. These concerns are normal, but certain tactics can reduce their anxiety.
. . . About Saving Money
Why Would Litigation be More Expensive?
How Does Mediation or Other Forms of Assisted Negotiation Save Money?
. . . About Information Exchange Tactics
The Power to Leave the Table
Small Steps Leading to Trust or Distrust
Use of Interest-Based Discussions
Timing of Disclosures
Subpages (2): Explore the Information Exchange | Saving Costs to Exchange Information