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April 21, 2021

ROI-NJ: When is mediation the right move? Former U.S. magistrate judge weighs in

The Honorable Joseph A. Dickson authored an article for ROI-NJ, “When is mediation the right move?”, weighing in on the advantages and use cases for Alternative Dispute Resolution – particularly highlighting mediation – when seeking a compromise in a dispute. Drawing from his experience as a former Federal Magistrate Judge for the United States District Court for the District of New Jersey, he offers several practical tips and pointers that may render mediation a more attractive solution than litigation for the business community.

“But, you say, ‘I’m completely right, why should I compromise?’ There are few satisfactory answers when this question is posed by the very righteous. But the stark truth is, if someone else — say, a judge or a jury — is making the final decision as to which side is right, there is no guarantee that it will be you,” Dickson explains. “I do not have to give sociological, legal, or medical reasons for this: It is a simple fact that you cannot control the minds of a judge or jury. The Vulcan mind-meld is fiction. I respect you tremendously, but there is no person alive who can be certain that they will win. You could lose.”

To read the full article, please visit ROI-NJ’s website.


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