I recently mediated a pre-litigation dispute regarding termination of a service agreement. The terminating party contended that it owed less money than the service provider was seeking upon termination. In my pre-mediation communication with the service provider’s attorney the attorney made clear that his client’s primary objective was to incentivize the terminating party to continue the business relationship. With this goal in mind, we mediated the parties’ dispute.
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In a recent real estate mediation, the parties were extremely far apart in settlement. Plaintiff had an opening settlement demand in the range of seven figures while defendants’ insurance carrier had the case valued in the low six figures. After the parties exchanged their opening numbers, plaintiff made what he thought was a substantial move by lowering his demand to the mid-six figures. Defendants were not at all impressed by plaintiff’s “substantial” move and wanted to terminate the mediation right there and then.
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