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What Will It Really Cost to Keep Fighting? The parties were far apart. Both were certain they were right. Then we examined one key piece of evidence together. They realized they had understood the same fact differently. Positions softened. The risks became real. The case settled. That is wha... Read More

Test the Number One of my primary jobs as a mediator is to identify the number that will settle the case. The only way to find it is to test it. In a recent high stakes mediation, the plaintiff made an unequivocal statement early in the day: he would not settle f... Read More

Shared Goals: The Key to Making Settlement Possible When Both Sides Want Different Things, Settlement Is Hard. When They Share a Goal, Everything Changes. Mediation can feel impossible when the parties disagree about every aspect of a case. Yet, many successful mediations hinge on one simple factor... Read More

Mediation Restores What Silence Destroys Most disputes are not driven by the issue. They are driven by silence. I mediated a case on the eve of trial. Years of escalation. Letters. Complaints. Litigation. One constant. The parties never communicated in any meaningful way. Read More

Mediation – From Frustration to Resolution A mediator’s job is to protect one thing above all else: momentum. Sometimes the most important move in a negotiation is not the next offer. It is showing up again. Read More