“If your business finds itself engaged in litigation, chances are that the dispute will be resolved in a conference room rather than a courtroom. Most lawsuits settle before judgment, and increasingly litigants are turning to mediation—negotiation assisted by a third-party facilitator —to resolve their disputes. They hope mediation will be faster and cheaper than litigation and yield a better result.
“But the potential benefits of such alternative dispute resolution are often undermined by the participants entering the process with the same litigation-oriented, adversarial mindset they meant to leave behind. Here are four counter intuitive strategies that harness the strengths of mediation rather than treating it as litigation light. They may not be traditional, but properly employed, they work.”