Commercial Litigation Tag Page 1

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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

Why Pre-Mediation Conversations Can Make All the Difference Not every lawyer has the time for a Pre-Mediation conference. Those who do often change how the mediation unfolds. In a recent case, it made all the difference. 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

When Doing Less Gets More Done: The Power of Strategic Restraint in Mediation I recently mediated a case just days before trial. After nearly five years of hard-fought litigation, not a single settlement offer had been exchanged before the mediation. But finally, both sides were ready to talk. Read More

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