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The Potted Plant
I am so convinced that a mediator should be more than a potted plant that I’ve decided to name my blog “The Potted Plant.” A “potted plant mediator” is someone who might as well be replaced by an actual plant—simply hand each side a stack of sticky notes to write their offers on, attach them to the plant’s leaves, and slide it down the hall to the other party. How many times have you worked with a mediator who did little more than that? I hope my blog serves as a reminder that mediators should strive to do more and that attorneys should expect more, implemented in a thoughtful, strategic, and carefully executed manner.


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
Jul 24, 20242 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
Jun 25, 20243 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
May 21, 20242 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
Mar 26, 20243 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 20, 20243 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
Feb 6, 20243 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...

Cooper Shattuck
Dec 15, 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...

Cooper Shattuck
Nov 22, 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
Oct 25, 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
Sep 29, 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
Aug 24, 20232 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
Jul 26, 20233 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
Jun 29, 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
May 25, 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
Apr 27, 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
Mar 29, 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
Feb 23, 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
Jan 9, 20232 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...

Cooper Shattuck
Dec 22, 20222 min read


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...

Cooper Shattuck
Jul 26, 20223 min read
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