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Never Cut What You Can Untie
A good friend and fellow mediator recently shared with me an old adage that he said perfectly captures one of the benefits of mediation:...
Cooper Shattuck
22 hours ago2 min read

The Power of Taking a Break in Mediation
As we find ourselves in the midst of various spring breaks and looking ahead to summer getaways, it’s the perfect time to talk about the...
Cooper Shattuck
Mar 112 min read

Evaluating Whether, How, and When to Share Your 'Smoking Gun' in Mediations
Mediation is a strategic process that requires careful planning and decision-making. One of the most critical decisions in mediation is...
Cooper Shattuck
Feb 104 min read

Don't Bite Off More Than You Can Chew: Identifying Goals for Each Mediation Session
Mediation can often feel like attempting to untangle a web of intricate and interwoven issues. The temptation to resolve every issue in a...
Cooper Shattuck
Jan 283 min read

Negotiating in a Polarized Society: Is It Time for a New Approach in Mediations?
In today’s society, where competition and the fascination with winners and the defeated dominate, mediators and negotiators grapple with...
Cooper Shattuck
Dec 17, 20244 min read

Expanding the Concept of Relevance in Mediation: A Settlement Perspective
In mediation, a lawyer's approach to relevance can significantly influence the negotiation process and, ultimately, the outcome....
Cooper Shattuck
Nov 20, 20243 min read

Patience and Persistence in Mediation
A common challenge I encounter in mediations is the parties' tendency to give up too quickly. It might be a reflection of our current...
Cooper Shattuck
Jul 24, 20242 min read

What's Ahead? The Power of Reality Testing in Mediation
Reality testing in mediation is the process of helping parties critically assess the strengths and weaknesses of their position.
Cooper Shattuck
Jun 25, 20243 min read

Going to the Balcony: Keeping Perspective in Complex Mediation
Imagine a room with a stunning view—a setting that everyone might appreciate, especially during a complex mediation. Yet, often during...
Cooper Shattuck
May 21, 20242 min read

Setting the Stage for Mediation
One of the most critical steps to a successful mediation is getting off on the right foot. Central to this is identifying the key issues...
Cooper Shattuck
Mar 26, 20243 min read

Preparing the Mediator for Mediation
Preparing for mediation is key to setting the stage for success. We have talked in previous blogs about how to prepare yourself and how...
Cooper Shattuck
Feb 20, 20243 min read

Preparing Your Client for Mediation
Last time, we talked about preparing yourself for mediation. Today, we discuss preparing your client for mediation. 1. The Client who has...
Cooper Shattuck
Feb 6, 20243 min read

Preparing Yourself for Mediation
If you talk to mediators, you will learn how few attorneys effectively prepare for mediation. Many lawyers see a day of mediation as a...
Cooper Shattuck
Dec 15, 20232 min read

The Similarities Between Thanksgiving & Mediation
We find ourselves rolling very quickly into the holiday season. First up? Thanksgiving. Though initiated by the Puritan settlers, today’s...
Cooper Shattuck
Nov 22, 20232 min read

The Art of Listening in Mediation
Technology has made it increasingly easier to communicate, but are our communications better? More effective? More efficient?...
Cooper Shattuck
Oct 25, 20232 min read


A Mediator's Recommendation
At some point in every mediation, often more than once, the parties reach an impasse. These first occur when the parties reach the lower...
Cooper Shattuck
Sep 29, 20232 min read

Two Important Skills for Mediation
A frequent hurdle I often see in mediation is the parties’ desire to throw in the towel too soon. Perhaps it is the way things are today...
Cooper Shattuck
Aug 24, 20232 min read

Joint Sessions in Mediation: Never Say Never
Remember joint opening mediation sessions? They used to be standard fare. Now, few mediators and fewer parties want to have one. Why?...
Cooper Shattuck
Jul 26, 20233 min read

Effective Communications in Mediation
We spend much of our time at mediations in caucuses. This challenges the parties’ ability to communicate with the other side effectively....
Cooper Shattuck
Jun 29, 20232 min read

The Pre-Meeting in Mediation
Good negotiators, like good attorneys, know that preparation is key. Whether negotiating directly or with the aid of a mediator, there is...
Cooper Shattuck
May 25, 20232 min read
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