Don’t Negotiate Against an Empty Suit
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
Consenting to Negotiate Against an Empty Chair Is Never a Good Idea
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
Make Sure That Essential Non-Parties Are Available to Participate in the Mediation
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
Consider Retaining a Settlement Counselor to Assist You at Mediation
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
Direct Your Opening Statement to the Opposing Client Representative
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
An Apology Can Be an Effective and Cost-Free Step Towards a Settlement
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
