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Improving mediation in commercial cases (access required)

In most cases, the challenge in mediation doesn't lie with the mediator; it lies with the lawyers who walk into the room with little or no preparation, expecting the mediator to resolve the case for them. Commercial litigation is different from tort litigation in that it often hinges on contractual obligations and raises a host of business issues that do not arise in a typical tort case. Accordingly, mediation in the commercial litigation context should not be approached in the same manner as in tort litigation.

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