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
The Optimism of Mediation
Martin E. P. Seligman, Ph.D. writes in his book Learned Optimism:
“The defining characteristic of optimists is that they tend to believe bad events are temporary, limited in scope (instead of pervading every aspect of a person’s life), and manageabl... Read More
