Creditors’ Rights 29
A: One of the biggest mistakes creditors make in mediation is to assume that somehow the mediator will know the debtor is lying. Data wins in research and preparation wins in all disputes from mediation to trial. Wise creditors let their attorney prepare and organize their case.
Mediators have a remarkably good track record: A very high percentage of commercial mediations are successfully resolved, many in short order.
In mediation, the parties work toward a non-binding, mutually agreeable solution with the mediator listening, offering suggestions and making recommendations. Attorneys are permitted in mediations, but when the mediator asks you to leave the room so she or he can discuss options and ideas with the other side, your attorney goes, too.
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