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
Uncertainty of Litigation Led Alan Petlak into Mediation
Judicate West neutral Alan S. Petlak relies on preparation, patience and trust to resolve complex consumer finance, real estate and personal injury disputes, often stepping in to keep negotiations moving toward settlement. Read More
When Walking Out Isn't the End of the Mediation
Not too long ago, I mediated a case for the second time. The first session, nearly a year earlier, ended where many do: the parties were miles apart, entrenched, and unconvinced settlement was possible.
Fast forward to round two. Trial was a month... Read More
Brackets, Parallel Moves, and the Path to Yes
In a recent mediation, the parties began miles apart. The plaintiffs wanted over $3 million. The defendants offered $400,000. I opened with a tool I rarely use at the outset: brackets. We tested conditional ranges to see whether any overlap existed. ... Read More
