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Lawyers are more active and exert influence over the approach of the negotiation. Their advices are powerful as to whether their clients should accept the offers of the opposing parties.
Such negotiation is not often formally conducted. It is sometimes conducted through telephone conversations (see also D. Barnhizer 1997 p.234), correspondences, during or after coincidental meetings or pretrial discovery, even at the court’s corridor. The majority of cases settle after considerable time and money have been spent, typically with unsatisfactory outcomes. (Silver, 2001)
Mediation
Mediation is a structured, confidential negotiation process between the disputants with the assistance of a mediator, conducted on a without prejudice basis...
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