Thursday, July 28, 2005

“This Is An Easy Case For You To Mediate!”

I don’t know what you think when one of the parties or attorneys makes on opening comment like that. To me, it’s like the “kiss of death” – easy is in the eye of the beholder, so to speak. Anyway, when, after much laboring, the parties reach an agreement verbally, more real mediating lies ahead – preparing the written agreement. As an aside, don’t let one of the parties lull you into a false sense of security by asking, before the agreement is written, “How much do we owe you?”. The sagacious answer is, “I’ll tell you after the agreement is prepared and signed.” But, you already knew that, right?!?

Take a look at this article in the Corvallis Gazette-Times which illustrates the point. There, one side presented a short form template agreement and the other side presented a seven page settlement document. Hmmmm!!!!!
How close do you think they are?

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