Too often, parties fall into the trap of making settlement decisions based upon the amount of investment that they have made into the matter. Doug Witten’s blog post, Negotiation and the Sunk Cost Fallacy, explains how this concept can skew decision-making. https://www.innovativeadr.com/negotiation-and-the-sunk-cost-fallacy/
Early mediation can be a useful tool in resolving even the most complex, high-exposure cases. In fact, those are the ones where the most benefit may be gained from avoiding protracted and expensive litigation. https://www.linkedin.com/pulse/favor-early-mediation-complex-cases-kristi-fielder/
Confidentiality is a cornerstone of successful mediation. Hoping the federal magistrate’s decision in Rocky Aspen, holding that the Second Circuit’s Teligent case did not protect a private voluntary mediation, is an anomaly. Joshua Fructer’s article in JDSupra analyzes the current state of the federal mediation privilege. https://www.jdsupra.com/legalnews/should-the-federal-mediation-privilege-21633/
