The Deadline That Isn’t
Mediations sometimes end with a deadline. “Plaintiff’s offer is good until 5:00.” “This number disappears when we leave the building.” “If they don’t accept this tonight, we’re done.” Occasionally, a deadline is real. A trial begins Monday. A dispositive motion is about to be decided. Insurance authority expires for some legitimate reason. A business transaction has a genuine closing date. When something actually changes at a particular time, a deadline can be useful. But art
Design the Mediation Before You Begin It
In complex mediation, process matters. There is a tendency to treat mediation as an event: select a date, exchange statements, put the parties in conference rooms, and begin negotiating. That may work well in a straightforward case. But when a dispute involves multiple parties, difficult factual or legal issues, several decision-makers, insurance coverage questions, ongoing relationships, or complicated personalities, simply scheduling the mediation may not be enough. Before
