Document Type

Article

Publication Title

New York Dispute Resolution Lawyer

Publication Date

2019

Volume

12(1)

First Page

7

Abstract

(Excerpt)

This column invites readers to consider whether the adjudicated outcome should be relied on as a realistic benchmark for advocates and mediators. In everyday dispute resolution practice, advocates and mediators regularly consider an adjudicated decision to be a realistic point of comparison to a negotiated or mediated outcome. For example, when assessing the merits of settlement, lawyers preparing for a legal negotiation and mediation frequently consider the likely adjudicated outcome as their best alternative to a negotiated agreement (hereinafter BATNA). In mediation, mediators often focus parties and their lawyers on the cost, time and likelihood of a favorable adjudicated decision as part of the mediators’ reality testing with parties who are ambivalent about settling.

Comments

Reprinted with permission from the New York State Bar Association.

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