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,...

In mediations involving multiple parties, one of the most underutilized yet powerful tools in a mediator’s toolbox is the blind...

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....

A common challenge I encounter in mediations is the parties' tendency to give up too quickly. It might be a reflection of our current...

Reality testing in mediation is the process of helping parties critically assess the strengths and weaknesses of their position.

Imagine a room with a stunning view—a setting that everyone might appreciate, especially during a complex mediation. Yet, often during...

One of the most critical steps to a successful mediation is getting off on the right foot. Central to this is identifying the key issues...

Preparing for mediation is key to setting the stage for success. We have talked in previous blogs about how to prepare yourself and how...

Last time, we talked about preparing yourself for mediation. Today, we discuss preparing your client for mediation. 1. The Client who has...

If you talk to mediators, you will learn how few attorneys effectively prepare for mediation. Many lawyers see a day of mediation as a...