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
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
To settle your case at a mediation, it is not enough to look only at what your client wants. To find common ground you should
A defendant may assert at a mediation that it lacks sufficient assets to satisfy a judgment and is therefore uncollectible. Such a claim, if valid,
Don’t you — and don’t let your client — fall in love with your pre-mediation valuation of your case. Research comparing results at trial with
Mediation is a process, a dance. Attempts to streamline the process, such as by eliminating joint opening sessions or opening statements, or by attempting to
Don’t make your best offer your first offer. Even if it truly is your best offer, it is all but impossible to convince an adverse
Bargaining at a mediation is rarely symmetrical. The concessions the parties make to one another in any round of bargaining or overall are often unequal.
When negotiating, send a consistent message. Avoid yo-yoing, i.e., do not randomly intersperse large and small moves. Instead, make tapered concessions. Make your largest move
Parties at a mediation tend to focus on their own wants without regard to the needs of the parties against whom they are negotiating. Each
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Bankruptcy Mediation is a treatise published by the American Bankruptcy Institute
