Practitioner’s Corner

Litigation vs. Mediation – The Challenge is the Adversarial Ethic

I was asked by a national bank this summer to give an interview about mediation for their bank sponsored magazine geared for their business clients. A senior marketing executive at the bank recently e-mailed me saying that unfortunately the bank’s legal department asked her to pull the article from publication saying they “didn’t like the topic of choosing mediation over litigation” and that to publish it was “too risky”-- essentially, mediation competes with litigation.

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