Mediation statement, position paper, summary – is the lack of a defined description a matter of semantics, or something more? So often, it will comprise a précis of the written pleadings, a section on why that party is almost certain to win at trial, followed by ‘nevertheless we are approaching the mediation in the spirit of settlement’. But who is that document for? And if we don’t know who it’s for, how do we draft it effectively?
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For more than 30 years, my focus has been on conflict resolution and peacebuilding. I’ve mostly been an educator – teaching at the graduate and undergraduate levels – but have...By David Smith
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