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Eight Steps to Make Mediation Successful

By Marc R. Engel
May 30, 2006

In the May 2006 issue of Employment Law Strategist, Marc Engel considered the virtues of mediation and the positive outcomes a successful mediation experience can create. In this second of a two-part series, he elaborates on specific steps that can be taken to make a mediation successful.

The proliferation of mediation as a forum for resolving disputes appears to have lulled many participants into the false sense of, well, laziness. Unfortunately, far too often litigants (or would be litigants) simply 'show up' for mediation with little or no preparation. This is regrettable, and often dangerous. Like most things in life, preparation is often the defining difference between success and failure, however those terms are measured. Here, then, are eight constructive steps which participants can take before arriving at mediation:

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