Bait the Hook to Suit the Fish.
Not all mediation settlements are as simple as defendant writes a check and the parties exchange releases. Even terms of payment – timing, security, default
Don’t Deny the Mediator Access to Your Client.
Self-determination of the parties is a bedrock principle of mediation. Lawyers play an essential role, but it is ultimately the clients who decide whether to
Don’t open with your best offer.
Don’t open with your best offer. Even if it really is your best offer, it is all but impossible to convince an adverse party that
Take Advantage of the Procedural Flexibility Inherent in Mediation.
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,
Limit Your Opening Anchor to a Number You Can Justify.
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
