When complex disputes end up in mediation, the conversations can be intense, high-stakes, and deeply personal, even when the parties insist it’s “just business.” Neuroscience offers powerful insights into why people react the way they do in conflict and how mediators and advocates can use that knowledge to guide more productive discussions. Understanding how the brain responds to stress, threat, and reward can transform the way we communicate and negotiate, especially in soph

If you’ve been in enough mediations, you’ve been there: everything seems stuck. The parties are circling the same numbers or repeating...

One of the most common strategic questions in mediation is whether to front-load all the terms you want in a settlement or whether to...

Those of us who regularly serve as mediators or represent parties in mediation have come to appreciate the power of the private caucus....

When people think about legal disputes, they often think in terms of dollars—how much one party will pay and how much the other will...

We can argue the disadvantages of virtual mediation, but the reality is that they are here to stay. And as they become more commonplace,...

Chapter 11 bankruptcy is all about negotiation—negotiating with creditors, stakeholders, and even sometimes with the past. But these...

A good friend and fellow mediator recently shared with me an old adage that he said perfectly captures one of the benefits of mediation:...

As we find ourselves in the midst of various spring breaks and looking ahead to summer getaways, it’s the perfect time to talk about the...

Mediation is a strategic process that requires careful planning and decision-making. One of the most critical decisions in mediation is...

Mediation can often feel like attempting to untangle a web of intricate and interwoven issues. The temptation to resolve every issue in a...

In today’s society, where competition and the fascination with winners and the defeated dominate, mediators and negotiators grapple with...

In mediation, a lawyer's approach to relevance can significantly influence the negotiation process and, ultimately, the outcome....

If you’re old enough to remember the Iran-Contra hearings of the 1980s, you might recall one of the most memorable lines from the...

I don’t have to tell you that bankruptcy filings have been at the lowest level since the mid-1980s and have been in a steady decline...

Let's face it. Few would consider a mediation a party. It isn't a ticket that folks are fighting for. But have you ever attended a...

Mediation is an excellent means of resolving disputes. It allows parties to negotiate with the help of an independent, neutral, third...

I think it is fair to say that virtually every civil case is right for mediation. Mediation is merely using the services of an...

Mediation is helpful in any type of dispute. Few cases couldn’t benefit from mediation. The success of a mediation is not wholly...

By: R. Cooper Shattuck and H. Harold Stephens The COVID-19 pandemic has had an impact on virtually everyone, and lawyers are no...