University of the Rockies Dispute Resolution Discussion Questions D1. Disputes often involve multiple parties. What inappropriate tools, attitudes, and perceived needs impede resolution? How does emotion differ from perspective? What would you do to influence the parties to let go of the inappropriate tools, attitudes, and perceived needs? How does the use of a lawyer change the situation?D2. You have been asked to mediate disputes between multiple parties. Each individual party has his/her own attorney. The individuals all invested with a reputable investment firm. It turns out, the firm engaged in criminal conduct and the investors were part of a ponzi scheme. Each individual lost their entire investment with the firm and each has hired a lawyer to recover their investment losses and emotional distress damages. The individual investors are devastated. Many have lost their entire life savings and are in retirement age. Some of the lawyers involved believe the parties should mediate because there are limited assets from which to recover, the cost of litigation will be high and the results from litigation more costly than resolving. Other attorneys are not certain mediation is the best option. Discuss the obstacles to resolution that could potentially exist in this situation.
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