Insights & News

Top 10 Mediation Tips for Attorneys

1. If there are significant obstacles to settlement, inform the mediator before the mediation session. 2. If you intend to invite a non-party to the mediation, clear it with the other party or the mediator [...]

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Opening Statements in Mediation… Poisonous or Powerful?

You are serving as lead counsel in a big case set for mediation next week. You have been working on the case for months, conducting written discovery and taking depositions. Now it is time to [...]

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Let’s Negotiate… But You Go First!

There’s a memorable scene in the movie Raiders of the Lost Ark, when Indiana Jones and his friend Sallah open the Well of the Souls and peer down: Sallah: Indy, why does the floor move? [...]

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The Value of a Pre-Session Call with the Mediator

A mediator is most effective when he or she understands what is driving a dispute. Knowing what the plaintiff is demanding, or what the defendant is offering, is one thing. Knowing why a party is [...]

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