Category: Mediation Tips

In several breach of contract cases I have mediated lawyers have managed to overlook clear contractual language that should have been case dispositive for their

Most clients have an emotional stake in their lawsuits. They want to have their day in court – to have their stories told at a

After you have submitted your mediation statement, if you don’t receive a timely call from the mediator, call to make sure the mediator understands your

The parties normally have an emotional reaction to the litigation. Their view of the dispute is visceral, not rational: “They done us wrong!” This point

The starting positions of parties at a mediation are vastly different and conflicting. The mediator’s role is to narrow the differences to the point where

Preparation enhances a mediator’s performance. A well-prepared mediator will understand the case before counsel give opening statements and will have devised a strategy for leading

When representing a corporation you sometimes have the opportunity to choose who will attend the mediation as client representative. Pick someone who has the requisite

Consider giving your clients a carefully prepared but not over-rehearsed speaking role as part of your opening statement at the mediation. Your clients will appreciate

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

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