Counterintuitive Strategies in Mediation


By Richard Shore

In an article just published in the Forbes Leadership Forum, firm partner Richard Shore outlines four counterintuitive strategies that harness the strengths of mediation rather than treating it as litigation light:

  1. Let the other side pick the mediator – agreeing to a mediator the other side likes can work in your favor, and save time and money to boot.
  2. Don’t argue about who is right – exchange views on the merits, but don’t let substantive disagreements hijack the process; remember that your goal in mediating is to reach a favorable settlement, not to win an argument.
  3. Leave the litigators at home – many litigators are good at settlement, but settlement calls for some different skills and a different mindset; a separate settlement track allows you to use a diplomat to negotiate peace while the generals continue to fight the war.
  4. Deal with hard issues last – lock in a deal on a key term, usually money, and build the rest of the deal on that foundation; even hard issues tend to fall into place once the parties believe they have a deal.

 Read the article here:


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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