Category Archives: Bite Size EMAT Issues

Don’t Negotiate

May 08, 2019 ▪ Francis Carter A mediator has less influence to obtain concessions from an absent party, even if that party is participating by phone or video conference, so avoid at all costs negotiating against an “empty chair,” that is, against a client or client representative who is not physically present. A party who has not bothered to attend the mediation lacks the investment in the mediation process that is made by a party who does attend. Moreover, it is easier for the mediator to influence and obtain concessions from your client who is physically present, placing it at... Read More