I found this article from a USA lawyer and mediator, very illuminating about commercial mediation when it become a ‘normal’ practice for lawyers to take their clients to mediation. The writing is somewhat colloquial at times and it remains a mystery why it was originally published in the National Band Journal (‘Band’ is in brass band), but worth a read none-the-less.
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Ten Principles of Mediation Ethics – David A. Hoffman, The Boston Law Collaborative LLC
Posted on by Rupert Lipton
https://blc.law/wp-content/uploads/2016/12/2005-07-mediation-ethics-branchmainlanguagedefault.pdf
The Real Cost Of Refusing To Mediate – Peter Brewer, Clarke Willmott LLP
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https://www.lawyer-monthly.com/2019/09/the-real-cost-of-refusing-to-mediate/ Offered 60% of estate to settle, refuses, total loss at trial!
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