Solo and Small Firm

The Practitioner Summer 2018, Volume 24, Issue 3

Your Next Mediation: Think It Through

By Clark Rivera

Clark Rivera’s practice focuses on state court civil litigation, including both trials and appeals. Mr. Rivera has successfully tried cases in the areas of commercial law, real estate, trusts and probate estates, personal injury, professional malpractice, and employer-employee disputes. He has also represented clients in other dispute resolution endeavors, including arbitration, formal mediation, and private negotiation of settlements. A graduate of the UCLA School of Law (where his daughter now attends), Mr. Rivera’s practice has been located in Pasadena since 1987. He can be reached at cr@clarkriveralaw.com.

Mediation is so commonplace these days that it is easy to forget how astonishingly effective it is in resolving cases. If you talk to senior litigators, they will recall a pre-mediation environment where it was difficult to settle cases, in part because practitioners worried that if they even revealed an interest in settlement, it could be interpreted by the other side as a sign of weakness. Getting your case into a settlement environment is much easier today, and sometimes even unavoidable, but dangers, or at least concerns, still lurk in the mediation environment. The purpose of this article is to pass along some suggestions that might ease your mediation pathway.

1. LET THE "GLADIATOR WITHIN" EMBRACE MEDIATION

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