Cooper Shattuck
Patience and Persistence in Mediation
A common challenge I encounter in mediations is the parties' tendency to give up too quickly. It might be a reflection of our current...
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Cooper Shattuck
- Jun 25
- 3 min
What's Ahead? The Power of Reality Testing in Mediation
Reality testing in mediation is the process of helping parties critically assess the strengths and weaknesses of their position.
Cooper Shattuck
- May 21
- 2 min
Going to the Balcony: Keeping Perspective in Complex Mediation
Imagine a room with a stunning view—a setting that everyone might appreciate, especially during a complex mediation. Yet, often during...
Cooper Shattuck
- Mar 26
- 3 min
Setting the Stage for Mediation
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...
Cooper Shattuck
- Feb 20
- 3 min
Preparing the Mediator for Mediation
Preparing for mediation is key to setting the stage for success. We have talked in previous blogs about how to prepare yourself and how...
Cooper Shattuck
- Feb 6
- 3 min
Preparing Your Client for Mediation
Last time, we talked about preparing yourself for mediation. Today, we discuss preparing your client for mediation. 1. The Client who has...
Cooper Shattuck
- Dec 15, 2023
- 2 min
Preparing Yourself for Mediation
If you talk to mediators, you will learn how few attorneys effectively prepare for mediation. Many lawyers see a day of mediation as a...
cooper2490
- Nov 22, 2023
- 2 min
The Similarities Between Thanksgiving & Mediation
We find ourselves rolling very quickly into the holiday season. First up? Thanksgiving. Though initiated by the Puritan settlers, today’s...
cooper2490
- Oct 25, 2023
- 2 min
The Art of Listening in Mediation
Technology has made it increasingly easier to communicate, but are our communications better? More effective? More efficient?...
Cooper Shattuck
- Sep 29, 2023
- 2 min
A Mediator's Recommendation
At some point in every mediation, often more than once, the parties reach an impasse. These first occur when the parties reach the lower...
Cooper Shattuck
- Aug 24, 2023
- 2 min
Two Important Skills for Mediation
A frequent hurdle I often see in mediation is the parties’ desire to throw in the towel too soon. Perhaps it is the way things are today...
Cooper Shattuck
- Jul 26, 2023
- 3 min
Joint Sessions in Mediation: Never Say Never
Remember joint opening mediation sessions? They used to be standard fare. Now, few mediators and fewer parties want to have one. Why?...
Cooper Shattuck
- Jun 29, 2023
- 2 min
Effective Communications in Mediation
We spend much of our time at mediations in caucuses. This challenges the parties’ ability to communicate with the other side effectively....
Cooper Shattuck
- May 25, 2023
- 2 min
The Pre-Meeting in Mediation
Good negotiators, like good attorneys, know that preparation is key. Whether negotiating directly or with the aid of a mediator, there is...
Cooper Shattuck
- Apr 27, 2023
- 2 min
Principled Offers in Mediation
Negotiations can be challenging. As negotiators, we don’t make our jobs any easier by simply making monetary demands, offers, and...
Cooper Shattuck
- Mar 29, 2023
- 2 min
The Importance of Brainstorming in Mediations
If you’ve suggested brainstorming lately, it is likely you’ve heard the echoes of groans and complaints. Over time, the benefits of...
Cooper Shattuck
- Feb 23, 2023
- 2 min
The Balcony in Mediation
Who doesn’t like a room with a view? Unfortunately, in many mediations, the parties, the lawyers, and maybe even the mediator get tunnel...
Cooper Shattuck
- Jan 9, 2023
- 2 min
Which Hat to Wear in Mediation?
Hats have had a long and varied history in our country. They have been a necessity for some (hard hats, beekeepers’ hats, motorcycle...
Cooper Shattuck
- Dec 22, 2022
- 2 min
Getting Out of the Comfort Zone in Mediation
We like it when things are predictable, known, and foreseeable. We like things to be the same. We rarely like change, and we don’t always...
Cooper Shattuck
- Jul 26, 2022
- 3 min
Who Should Be at Mediation?
I am often asked who should come to mediation. The answer is easy - it depends. While we, as lawyers, frequently give that answer to our...
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