Wednesday, September 24, 2008

Mediation is negotiation

There is a stage in the litigation process called mediation.
It is the mandatory stage where parties come together and discuss ways to settle without getting into the merits of the case.
Today I attended mediation with my client whose two real properties had been sold at auction folowwing foreclosure.
We sued the bank to annul the foreclosure.
At mediation, my client raised possibilities at arriving at a mutually acceptable solution.
The possibility was for my cleint let go of one of the properties, and sort of re-structure to keep the other.
The lawyers of the bank were receptive.
From the bank's end, they get one of the properties, re-structure the loan so the client keeps the other property, and close the case.
Not a bad negotiation, I think

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