One of the most underutilized tools in mediation is not a caucus room, a whiteboard, or even a mediator’s evaluative insight. It is the design of the process itself. Many mediations still follow a default script: joint session, opening remarks, immediate separation, shuttle negotiations, and a long day spent bargaining positions. In complex, high-stakes, or emotionally charged matters, effective mediation depends on intentional design. When phases, timing, and information exc

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....

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...

The age-old still unanswered question among the few and the proud who deal with surety law – does bad faith apply? Honestly, it is a...

Let's face it. Few would consider the surety or construction mediation a party. It isn't a ticket that folks are fighting for. But have...

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

Few understand the relationships created by the ancient notion of a surety. Those familiar with surety law understand that there is no...

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