Better preparation for your expectations. Often parties/lawyers come to the mediation expecting the other side to realize the strength & merit of their position, only to become frustrated upon receiving offers in numbers that reflect the opposite. Some tips:


(1) before...

The power of walking away. Pretty strange that I would talk about, let alone say encouraging words, about walking away...Don't get me wrong, those who mediate with me hear more often than they care that their "butts are superglued to the chair" until we settle. However...

April 12, 2012

I recommend pre-mediation calls with the mediator. Each mediator's style is different; In my cases, we pre-set calls in advance of the mediation; it is helpful to receive briefs before that call, but it is still useful even without briefs. The pre-mediation conference...

March 15, 2012

It is important for the parties to be heard at mediation. However, giving everyone a joint forum to "air out" their feelings often polarizes & heightens emotions. Mediation can still serve as a place for the parties to express their feelings to the mediator, who can (a...

February 16, 2012

The power of an apology. I know what you're thinking –
(plaintiff): the apology will be insincere & defense just expects it to reduce the demand.
(defendant): they will look bad and if it doesn't settle, will have harmed their position.
Twice in the past 2 months, apol...

January 13, 2012

I handle many "early" mediations. They often settle, but have challenges, specifically the lack of sufficient information about the other side's case, & insufficient "litigation pain"inflicted. To improve chances of settlement, it helps to take that risk and share info...