Most parties come to mediation with a multi-dimensional conflict that cannot be fully defined by a pure litigation analysis. In order for an attorney or mediator to define the conflict accurately, he needs to understand the interests of the parties completely, and be able to identify the issues that exist beyond those that would be addressed in litigation. For an attorney, identifying the interests at sake in the conflict will help the attorney achieve a more satisfactory result for his client. For a mediator, understanding the underlying issues of the conflict will help the mediator structure the process to address what each party considers important, thereby increasing the opportunity for a successful mediation experience.
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