Month: May 2021

The starting positions of parties at a mediation are vastly different and conflicting. The mediator’s role is to narrow the differences to the point where

Preparation enhances a mediator’s performance. A well-prepared mediator will understand the case before counsel give opening statements and will have devised a strategy for leading

When representing a corporation you sometimes have the opportunity to choose who will attend the mediation as client representative. Pick someone who has the requisite

Consider giving your clients a carefully prepared but not over-rehearsed speaking role as part of your opening statement at the mediation. Your clients will appreciate

Try to avoid negotiating against an “empty suit,” that is, a client representative who, although physically present, lacks sufficient authority to make the concessions necessary

As a mediator, I am sometimes advised by counsel that its adversary has consented to its client representative participating remotely by phone or video. Negotiating

It may not be possible to reach a settlement at mediation without the participation of an essential non-party to the litigation, such as an insurance

Settlement counselors are experienced mediators who assist trial lawyers in preparing for and representing their clients at mediations. They can assist you with any or

A mediation is not a chambers conference, and the mediator sitting at the head of the table is not a judge.  Yet many experienced litigators turn

Sometimes an apology offered at a mediation by a party or its counsel can give emotional satisfaction to the party receiving it, making it easier