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August 27, 2013
How to Get the Other Side to Play Ball
Although opposing parties in litigation have competing perspectives, they have a shared interest in reaching settlement. For this reason, you may find yourself framing a case differently for mediation than than you would for trial. When strategizing your approach in mediation, it's important that you understand what your opponent's decision-makers need to encourage them to negotiate. Let's look at two categories of decision-makers: