Preparing for mediation takes as much thought and analysis as preparing for trial
Experienced lawyers generally make fewer mistakes in mediation than young lawyers.
Lawyers must zealously advocate a client's interest in mediation.
Preparing a concession plan in advance is unnecessary for experienced negotiators.
Emotions play a large role in every legal negotiation.
Lawyers are good at assessing uncertainty, risk, and trial outcomes.
The strategic mediation advocate starts as high (or low) as possible to make room for concessions.
Bidding against yourself is a mistake.
"Bargaining in bad faith" means the other side's offers or demands are unrealistic.
Most lawyers know how to avoid the effects of decisional error caused by cognitive biases.
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