Alternative Dispute Resolution
Sep. 17, 2010
A Comment on Communication And Complex Case Mediation
In complex litigation, parallel settlement communications can break down barriers and erase damage caused by party-specific conduct, by Lester J. Levy of JAMS.
Most litigated conflict is caused by a communication deficit. To make an informed decision about whether and how to resolve conflict, parties must truly understand each other. As a general rule, parties in litigation communicate with each other in two ways.
The first means of communication is through established rules of evidence and procedure. Facts and legal arguments are communicated in discovery, motion practice and at ...
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