Nov 29, 2013

Differences between litigation, mediation important

Advocate Daily Post - Lawyers Weekly Article

While they share many basic elements, advocacy employed in mediation has to be different from that used in litigation, given the forum and audience, Toronto family lawyer Herschel Fogelman writes in Lawyers Weekly.

In an article focusing on the differences in approach that an advocate must employ at three critical stages in the mediation process, Fogelman says the most important piece of advocacy comes before the mediation begins.

"A huge part of counsel’s job is managing expectations, and that is especially true at mediation, he writes. Counsel must have an honest dialogue with the client to ensure he or she understands that mediation is a compromise attendance and that in order to reach a deal, both parties are going to have to make compromises."

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