Mediation in High-Stakes Disputes: Scaling the Process
The larger the dispute, the less the mediation is about a single day. In a routine case, preparation may consist of exchanging briefs, selecting a date, and showing up ready to negotiate. In a high-stakes dispute, however, mediation often begins weeks—or even months—before the parties ever gather around a conference table. Why? Because as cases become larger, they also become more complicated. There are more parties. More lawyers. More insurers. More decision-makers. Sometime
The Questions That Matter Most in Mediation
Every mediation involves questions. Some come from the mediator. Others come from the lawyers or the clients. On the surface, they may seem straightforward, but they’re often doing much more than gathering information. One of the most common questions I hear from lawyers is, “Why are you asking me that?” Usually, they’ve already covered the topic in their mediation statement or don’t see how it relates to the dispute. The answer is simple. A mediator isn’t just trying to unde
