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The art of mediation in mass tort or complex cases: Know your enemy and help your neutral

Hon Jeniffer Togliatti

Sun Tzu said, “Every battle is won before it is fought.” While preparation is important in every mediation, it is paramount to the successful resolution of complex litigation or a mass tort case. When you represent a client in a case of this magnitude you can help your mediator, and at the same time your client, by communicating to your neutral your insights into the three most important elements of the case: the players, the politics and the payment.