When I meet with people who are frequently involved in mediations in a variety of roles, we often talk shop and discuss trends in the profession. After conferring with my colleagues, both at Cooper Mediation and generally in the personal injury and insurance practice areas,...
Our story begins with Vance Cooper transitioning out of his legal practice to focus on mediation. Building a strong reputation for his tact and ability to handle complex matters, he became a much sought-after mediator. Serving as a trusted mentor to Jon Cooper and Logan Cooper, who...
As smoke billows up from the laboratory where vials of brightly coloured chemicals bubble, with a devilish cackle, the Mad Scientist boasts: “It’s alive! It’s alive! Muah ha ha!” We don’t yet know what kind of monstrosity has been born from his careless and risky experimentation, but it’s a safe bet...
Bruce Springsteen (a.k.a. “The Boss”) first released the title track of his album Born to Run in the summer of 1975. For 44 years, he’s been playing the hit to different audiences around the world. Assuming he plays “Born to Run” every night of every...
In classical mediation training, educators and students learn to distinguish between positions and interests. It may be in both parties’ interest to settle a dispute before going to court, but their position on the matter at hand may make this option difficult to achieve. In...
Advocates frequently “pound the table” when making a point – usually figuratively, but sometimes literally. Making your point forcefully is certainly one way to command attention. But, is it the best way to achieve your goal in mediation? In personal injury and insurance litigation, mediation normally...
“I'm being reasonable!” – “They're not being reasonable!” “If they made a reasonable offer, I would make a reasonable offer!” Inevitably and frequently, the word “reasonable” comes up at every mediation. People are bound to view their own negotiation positions and movements as reasonable but frequently...
Multi-party mediations involving multiple plaintiffs, multiple defendants, or both, present an added layer of complexity to the substantive issues under discussion. At minimum, it requires extra effort to try to “herd the cats” when there are more than two parties at the table. Multiple plaintiffs can...
Sometimes I read mediation memoranda that deliver hard hitting points, blunt positions and frank messages that border on being rude or insulting. Invariably, this rather harsh memorandum concludes with “Respectfully submitted”. Mediation memoranda are an excellent opportunity to try to manage the parties’ expectations as...
Mediators may appear to be exceedingly optimistic in the face of disagreement. Why? Because optimism has to start somewhere. All too often, the parties to the dispute, their lawyers or both attend mediation with the belief that the case can’t/won’t/shouldn’t settle. If your mediator doesn't inject...