“I’ll see you in court!” How many times have you heard that line on television shows or in movies as a set-up to a climactic courtroom showdown between two sides in a legal dispute? In reality, most lawsuits and civil actions are settled prior to...
There’s an old medical adage that an ounce of prevention is worth a pound of cure. Anticipating a problem and preparing for it can often eliminate it completely or substantially reduce future complications down the road. It’s a lesson counsel representing clients at mediation would...
There is a common view that when mediation produces a settlement, it has been successful and, conversely, where mediation fails to produce a settlement, it has been a failure. Needless to say, mediators, us included, would prefer not to characterize a mediation which does not...
In order for you to achieve the best possible result for your client at mediation, you need to ensure that two things which are beyond your control are managed to their best effect. These are reserves and authority. In this post I provide tips for setting...