Alternative Dispute Resolution
Oct. 31, 2013
'Desmodromic' settlements
There's no reason a "good settlement" has to mean that both sides leave a little unhappy.
At the start of a recent mediation one of the parties told me that while they expected to settle the case, they also expected to be disappointed. When I asked why, they explained that they had been told that "a good settlement is where both sides leave a little unhappy." It made me wonder if this is the way that it has to be. Have we have come to accept disappointment as the norm for mediated settlements? Should we be taking a different approach to the settlement process - an approach wh...
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