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Bernstein Burkley
  • Practice Areas
    • Overview
    • Bankruptcy & Restructuring
    • Business and Corporate Transactions
    • Creditors’ Rights
    • Litigation
    • Oil & Gas and Energy
    • Real Estate
    • Real Estate & Commercial Finance
  • Our Attorneys
  • About Us
    • Our Approach
    • History
    • Law Lists
    • Professional Memberships
    • Careers
  • Resources
    • Bernstein’s Dictionary of Bankruptcy Terminology
    • Links
    • Five Minute Legal Master videos
    • Blog
    • Legal Publications
  • News
    • Cases Archive
    • Firm News
    • In the News
    • Industry News
  • Contact
Q&A
Q&A

How can mediation help me settle a dispute?

Posted on October 29, 2012 by Bob Bernstein

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.

*Learn more about credit policies and the Payment Gap with Bob Bernstein’s new book, Get P.A.I.D.TM A Guide to Getting Paid Faster (and What to Do if You Don’t!) at www.getpaidsystem.com

 

 

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