Wednesday, July 26, 2006

The Top 10 Reasons Not To Mediate

This is not the Late Show David Letterman’s Top 10 – these belong to Philip S. Cottone of the Property Trust Advisory Company and, while the focus is on mediation in the securities industry, it has application across the board [not the Big Board i.e. stock exchange, the mediation board – sorry, I couldn’t resist]. Here are the top 10 and you can download them [and some very interesting commentary] by clicking on this link from the Practicing Law Institute which is an excerpt from PLI’s Course Handbook Securities Arbitration 2005: Telling Your Story #6855.

The Top 10:

1. Saying I want to mediate will show weakness to the other side and telegraph I think I have a weak case.

2. I have a slam dunk case and there is no point in mediating.

3. I don’t want to show my case to the other side before trial.

4. The case is too complex.

5. The parties (or the lawyers) are too emotionally involved to sit down together.

6. It will be a waste of time.

7. The case will not settle because the other side is unreasonable and will not listen until we get to the courthouse steps.

8. My client doesn’t want to mediate.

9. I have to spend the time preparing for trial, and at trial I have the best chance of getting a good award for my client.

10. I can do it better myself.

So, you’ve never heard these before – right?!? Naahh!

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