Bar Bulletin

Bar Bulletin

Do You Trust Your Mediator? If Not, Get a New Mediator

December 2022 Bar Bulletin

By Eric Gillett

How many times have you found yourself walking into a mediation without a high level of trust in the good intentions of players in the other room? Sometimes it is borne from the fact that throughout discovery you were faced with one obstacle after another. Maybe every response to an interrogatory contained more objections than information, forcing you to schedule repeated discovery conferences followed by motions to compel. Or when taking depositions, you had a visceral feeling the deponent was well coached to answer questions in a manner that best suited their particular interest and that the truth was only...

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