Cooper Shattuck
Expanding the Concept of Relevance in Mediation: A Settlement Perspective
In mediation, a lawyer's approach to relevance can significantly influence the negotiation process and, ultimately, the outcome....
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Cooper Shattuck
Jul 242 min read
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...
Cooper Shattuck
Jun 253 min read
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 212 min read
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 263 min read
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 203 min read
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 63 min read
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, 20232 min read
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, 20232 min read
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, 20232 min read
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, 20232 min read
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, 20232 min read
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, 20233 min read
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, 20232 min read
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, 20232 min read
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, 20232 min read
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, 20232 min read
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, 20232 min read
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, 20232 min read
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, 20222 min read
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...
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