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This article discusses common obstacles that prevent mediators and clients from reaching settlement, including multiple-party mediation and how express and implied indemnity claims between defendants can cause difficulty.
A Sense of Justice
Without question, there is a disconnect that sometimes occurs between a technically correct legal result (and I'm not taking a position on Clemens, Anthony or OJ - to be clear) and our yearning for "justice" or "that the right thing be done." One is dispassionate and reasoned while the other hits us on a more human and emotional level. One gets us a required result in the view of the deciders, while the other gets us finality and closure. 1 Comment