Is litigation truly the best alternative to a mediated agreement ("BATNA")? "BATNA" is the acronym used in mediations to compare what the parties may achieve in mediation versus going to trial. A look at last week's verdict in the first case to go to trial against Bob...

January 6, 2016

It's a new year, time for new beginnings, "do-overs", self-improvement, and deep reflections. That is also how I see each day of mediation. People come to mediation because they are in a dispute of some sort. It may be a pending lawsuit, or it could be a disagreement t...

August 26, 2015

Recently a lawyer told me that he felt mediators treat plaintiff lawyers differently than they treat defense lawyers. I was surprised and asked the genesis of his belief. He had worked as a defense lawyer for several years, and now represents plaintiffs in employment a...

I read a good article from Roger C. Benson - Link is below. Mr. Benson raises a topic that comes up frequently in mediation- that of trying to resolve conflict for someone who is stuck in the conflict. He states, "The boulder in the path to resolving conflict is fear –...

"Seek first to understand, then to be understood."  This is easier said than done.  All parties to a negotiation, whether it is as formal as mediation, or negotiating for a raise or to purchase a car, want to be heard and understood; even more than that, they hope to c...

April 13, 2015

As I am getting ready to speak at a bar program on preparation for mediation, I realized It has been awhile since I wrote about the topic. Thus, here are my proposed tips for preparation for a successful mediation.


(1) Lawyers, meet with your client in advance of the m...