Bill Black Interviews Jan Schau, who discusses legal strategies and the importance of knowing the best time to mediate.
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Jan: There are lots of good times to mediate. One of them is before a lawsuit is filed. Another is right before trial, now we're really gonna have to spend the money, take the risk, put 12 strangers in a box, inconvenience people...they're not gonna understand me, and maybe I'm not gonna get what I want out of it, anyways. A third is even during trial. I had an arbitration that happened to an age discrimination matter, and I listen to this old guy for 4 or 5 hours, and the next morning I said to the two lawyers, "do you guys want to talk?" and sure enough, they really did. He had been able to get everything off of his chest, they were able to work it out. So, there's lots of interval spaces, and part of it is you the disputant, and your lawyer, have to talk about when's the right time, when's the best time.
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