It’s not exactly a biological organism tree to which I’m referring and, by the way, of what value is this “tree” in mediation? Okay, it’s a “decision tree” which takes a complex problem, diagrams certain key points and possible outcomes [sound familiar], and captures the experience and judgments of the lawyers in analyzing different options for settlement and risks of litigation. Voilà – you have just built a tree! It’s a useful tool in valuing a case according to this article [the “decision tree” can be built manually or with the assistance of computer software] which is a good overview of a Litigation Risk Analysis™ tool.
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