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Centers
for Disease Control & Prevention
Office of the Director
Alternative Dispute Resolution & Conflict Prevention
1600 Clifton Road
Mailstop D-67
Atlanta, GA 30333
(404) 371-5470 |
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What about fishing expeditions in mediation?
What about the cynical party, just out to fact find?
How can the 'genuine' other party not be at a disadvantage? Some parties
show up lacking commitment to resolution and expect to be able to leave
with valuable information about the other party that will give them an
advantage in the litigation process. Most of them realize during the
course of the mediation that the hoped for 'advantage' is illusory
compared to the benefits of settling the case on negotiated mutually
acceptable terms.
Parties are rarely 100% sure of their case. The Mediation process will
cause them to look at the weaknesses of their case, even if not admitted.
While the mediation process is conducive to open and honest communication,
none of the participants have to disclose anything that they don't want
to, and 'fishing expeditions' can go both ways. Remember, also, that the
mediator will not allow the transmission of information that is not
authorized, and if the mediator considers that one or more parties are not
acting in good faith, the mediation may be terminated.
Parties need to prepare properly for the Mediation session, in the same
way they would for any other direct negotiation. It is important that the
parties understand the process, their roles and their legal 'rights'
before they start, so that they have a fair idea of where to compromise
and where to remain firm. In order to help the Mediator/neutral test the
strength of the other party's case, you must be in a position to point out
the strengths and weaknesses of that case as well as your own.
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