

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


Negotiating Terms for Unknowns: Contingent Agreements, Escalation Clauses, and Triggers
One of the hardest moments in mediation comes when everyone in the room agrees on most of the deal—but not on the future. “What if the other claim/lawsuit isn’t successful?” “What if someone objects?” “What if the regulations change?” “What if the lien can’t be resolved?" These aren’t side issues. In many modern disputes—business, insurance, bankruptcy, construction, environmental—the unknowns are the case. And when lawyers treat uncertainty as something to be resolved rather






