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RIGHT BRAIN APPEALS
Capitalizing on Relationships and Affiliations
Mediators tend to be selected by parties who know and respect them, or at least, identify with them based on their experience or background. Mediators, in turn, capitalize on these relationships/affiliations in attempting to persuade the parties to alter their positions to achieve settlement.
In selecting a mediator, parties tend to focus on the issue of who they personally like and respect, when it would often be in their best interest to look for a mediator who will appeal to the opposing party and its counsel.
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