Mediation Tips

Here are some yearend takeaways re mediation advocacy:

Unlike trial courts, which operate under elaborate procedural rules, mediation has no formal procedural requirements – just a few customary procedures, e.g., joint opening sessions,

Parties usually begin positional money bargaining from extreme positions known as anchors to show confidence in their cases and to manipulate the midpoint of the

A timely link or bracket move, e.g., “We’ll increase our offer to $X, if you reduce your demand to $Y,” is a potent negotiating tool

In traditional sit-down mediations a party can sometimes gain an unfair negotiating advantage by having its representative participate by phone, or in person, but lacking

In theory, early mediation is the quickest, most cost-efficient way to resolve a dispute. The problem, however, is that until there has been sufficient discovery,