Sometimes traditional demands and offers do not allow parties the flexibility to explore the other side’s tolerances before striking an impasse in the negotiations. The use of conditional and alternative demands and offers...more
Parties should take advantage of the opportunity to speak with their Mediator in advance of an upcoming Mediation session. Although admittedly not routine, nothing precludes counsel from initiating such communications....more
One of the challenges a Mediator faces is multi-defendant litigation where the defendants are consumed with the issues among and between each other and are drawn more to in-fighting than in addressing the claims of the...more
The approach of Mediation is often marked with the advent of emotion for clients, even if they are hard-shelled professionals. The dispute in question may be long-running, contentious, expensive and even personal, and now it...more
Many practitioners have an ingrained fear of bringing their experts to Mediation. They are concerned that the expert will be subject to challenge and exposed, in effect, to cross-examination. The alternative, however, is...more
Generally speaking, human nature is such that none of us will readily acknowledge our weaknesses, particularly in a public setting. This trait is especially pronounced and amplified in attorneys advancing the cause of a...more
Some practitioners look to bypass opening statements in a Mediation session – operating under the belief that they have heard it all before and, therefore, the parties are better served by getting “right down to business.”...more