Mediation can often feel like attempting to untangle a web of intricate and interwoven issues. The temptation to resolve every issue in a...

In today’s society, where competition and the fascination with winners and the defeated dominate, mediators and negotiators grapple with...

In mediation, a lawyer's approach to relevance can significantly influence the negotiation process and, ultimately, the outcome....

A common challenge I encounter in mediations is the parties' tendency to give up too quickly. It might be a reflection of our current...

Reality testing in mediation is the process of helping parties critically assess the strengths and weaknesses of their position.

Imagine a room with a stunning view—a setting that everyone might appreciate, especially during a complex mediation. Yet, often during...

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...

Preparing for mediation is key to setting the stage for success. We have talked in previous blogs about how to prepare yourself and how...

Last time, we talked about preparing yourself for mediation. Today, we discuss preparing your client for mediation. 1. The Client who has...

If you talk to mediators, you will learn how few attorneys effectively prepare for mediation. Many lawyers see a day of mediation as a...

We find ourselves rolling very quickly into the holiday season. First up? Thanksgiving. Though initiated by the Puritan settlers, today’s...

Technology has made it increasingly easier to communicate, but are our communications better? More effective? More efficient?...

At some point in every mediation, often more than once, the parties reach an impasse. These first occur when the parties reach the lower...

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...

Remember joint opening mediation sessions? They used to be standard fare. Now, few mediators and fewer parties want to have one. Why?...

We spend much of our time at mediations in caucuses. This challenges the parties’ ability to communicate with the other side effectively....

Good negotiators, like good attorneys, know that preparation is key. Whether negotiating directly or with the aid of a mediator, there is...

Negotiations can be challenging. As negotiators, we don’t make our jobs any easier by simply making monetary demands, offers, and...

If you’ve suggested brainstorming lately, it is likely you’ve heard the echoes of groans and complaints. Over time, the benefits of...

Who doesn’t like a room with a view? Unfortunately, in many mediations, the parties, the lawyers, and maybe even the mediator get tunnel...