Mediator’s Recommendations — Revisited
What they are, when they work, and when you should (and shouldn’t) ask for one At some point in nearly every mediation—often more than once—the parties hit a wall. More often than not, it happens when each side reaches the edge of its “acceptable” range—the number they came prepared to live with. Movement slows. The conversation tightens. And too many mediations end right there. The problem is that the Zone of Possible Agreement—the ZOPA—is often just beyond that point. But g
Virtual and Hybrid Mediations: Best Practices and Pitfalls in the Digital Setting
Virtual mediation is no longer a contingency plan—it is a permanent feature of dispute resolution. Hybrid formats, where some participants are physically present and others appear remotely, are increasingly common as well. While digital mediation offers efficiency and flexibility, it also changes negotiation dynamics in subtle but important ways. For attorneys, success in this environment requires more than a stable internet connection. It requires intentional strategy, techn
