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"It is my observation that the bully approach is not effective in mediation, although it may be in court. In mediation, if one side begins with a lot of chest pounding and intimidation, the other side will usually react negatively and the likelihood is that the matter will not settle, or will settle less favorably for both parties than it would have without the “bully factor” involved. The opposite may be true in court, however. A jury may agree with the bully that the other side is not to be trusted, not to be liked and deserves neither empathy nor damages. A good trial lawyer may actually spin the case to win over the jury’s sympathy and award substantial damages and punitive damages, designed only to “punish” the wrongdoer. The Courts are a good place to achieve stunning wins and losses. The mediation is a good place to achieve peace and resolution to conflict in the least public, least risky and least expensive way."
Source: Jan Frankel Schau's Mediation Blog
Contact: Jan Frankel Schau