Ranching Blog From petlakmediation.com

Test the Number

Fri, 10 Jul 2026 18:50:58 EST

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 for less than $650,000. As negotiations progressed, the defendants concluded they could not reach that number. They asked to keep the mediation open while they sought additional authority over the next few days.

Shared Goals The Key to Making Settlement Possible

Mon, 01 Jun 2026 19:10:35 EST

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: both sides want the same outcome, an end to the dispute.

Mediation Restores What Silence Destroys

Mon, 04 May 2026 16:57:49 EST

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.

Mediation From Frustration to Resolution

Sun, 05 Apr 2026 20:48:04 EST

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.

Uncertainty of Litigation Led Alan Petlak into Mediation

Fri, 20 Feb 2026 15:40:00 EST

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.

When Walking Out Isnt the End of the Mediation

Tue, 03 Feb 2026 18:27:03 EST

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 away. The defendant had new counsel and was exceptionally well prepared to try the case. More importantly, both sides arrived newly committed to resolving it.

Why Pre-Mediation Conversations Can Make All the Difference

Thu, 08 Jan 2026 16:55:00 EST

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.

Brackets Parallel Moves and the Path to Yes

Tue, 02 Dec 2025 19:10:12 EST

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. The gap did not shrink.

When Doing Less Gets More Done The Power of Strategic Restraint in Mediation

Tue, 30 Sep 2025 17:15:00 EST

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.

The Optimism of Mediation

Tue, 02 Sep 2025 16:10:00 EST

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 manageable.” This perspective is essential in mediation. Parties often arrive at mediation feeling exhausted and discouraged. They have been through lengthy litigation and feel stuck in conflict. Whether it involves injury, employment, or business issues, the situation can seem unresolvable.

From Mold to Money What Two Wildly Different Cases Taught Me About Mediation

Tue, 05 Aug 2025 18:11:29 EST

I recently mediated two cases on the same day that could not have been more different.

Reaching Consensus The Real Goal of Mediation

Sun, 06 Jul 2025 19:25:50 EST

The time it takes to resolve a case in mediation is often beyond the mediator’s control. People negotiate differently—some need time to process a settlement proposal; others respond quickly and decisively. In the end, settlement hinges on whether the parties can agree on what the case is worth.

Mediation Words Matter

Wed, 04 Jun 2025 15:50:00 EST

I recently mediated a landlord-tenant dispute that had been pending for over four years and was scheduled to go to trial the following day. We engaged in full-day mediation, and while the parties explored various substantive pathways to resolution, the final hurdle to settlement came down not to economics or logistics—but to language.

Mediation Sometimes the Best Way to Settle a Case Is to Go on Vacation

Tue, 06 May 2025 15:01:13 EST

I recently settled two cases the day before heading out on vacation. I told the parties that I would be available while away, but the looming trip gave them just enough urgency to close the deals before I left.

Mediation Running Out of Authority Does Not Prevent Settlement

Mon, 31 Mar 2025 14:46:54 EST

I recently mediated a case that was making steady progress—though the parties remained far apart, each move brought them closer. Three hours in, the defendant claimed it was running out of authority and suggested pausing until more could be secured. I pushed back, arguing that it made no sense to seek more authority without precisely knowing how much more authority was necessary to settle the case. Instead, I steered the discussion toward a mediator’s proposal, which I only make when I believe the proposal will and should be accepted by all parties.

Mediation Know When to Show em The Art of Timing

Fri, 28 Feb 2025 14:49:44 EST

Whether a case settles at mediation is often about timing. A case will never settle if a party never elects to show his or her hand. It is also the case that revealing a “drop dead” number too soon may frustrate efforts to settle.

Mediation Tell Me More

Tue, 04 Feb 2025 11:13:07 EST

Mediation is all about the sharing of information. Each offer and counteroffer provide more information to the other side about the prospects of reaching an agreement. In a recent case, the parties were hopelessly apart. The plaintiff had sustained severe injuries and was seeking a settlement in the high-seven figures. Defendant had signaled through its offers that its maximum authority was right at $1 million. As we were nearing the end of the day, the defendant’s counsel provided me with the information I needed to settle the case.

Mediation I Get by With a Little Help from My Friends

Fri, 03 Jan 2025 16:33:29 EST

Even the best mediator needs help from counsel to resolve a case. The attorneys who I mediate with are my best resource. I will always convene a Pre-Mediation call so I can obtain counsels’ insights into the case and the parties. I encourage this open communication even during mediation. Nothing helps me more than an attorney pulling me aside during mediation to provide me with his or her thoughts on how I can better connect with the parties. It is no coincidence that in every case where an attorney approached me privately to indicate that I was being too hard or too easy on the client, the case settled.

Mediation Sometimes a Good Mediation is Akin to a Classic Rolling Stones Song

Tue, 03 Dec 2024 12:09:11 EST

I recently mediated a case between parties who have been litigating for over six years with no end in sight. A peremptory challenge to the trial judge was just granted and, as a result, the parties were unlikely to go to trial for at least another two years. Even worse, the present lawsuit was not likely to resolve all the issues between the parties and the filing of another lawsuit seemed probable. With this background, I set out to resolve the parties’ dispute and put an end to past and future years of litigation.

Mediation Do Bargaining Approaches Really Matter

Tue, 08 Oct 2024 12:48:50 EST

I recently mediated a large personal injury case in which the plaintiff sustained severe injuries. As is often the case, the parties started the mediation far apart. I told the parties that negotiations are often reciprocal with large settlement moves responded to with large moves in return and small settlement moves responded to with small moves in return. Notwithstanding my recommendation that the parties make large moves at the outset of the mediation to narrow the range between their settlement positions, they took the path of only making small moves.

Mediation What Goes into a Good Mediators Proposal

Thu, 05 Sep 2024 14:30:00 EST

I am personally not a huge fan of mediator’s proposal. I prefer for the parties, with guidance, to reach agreement on their own. Sometimes, this is not possible and the only way to resolve the dispute is for the mediator to step in and recommend the terms of a settlement.

Mediation Stick to Your Primary Objective

Tue, 09 Jul 2024 14:52:57 EST

I recently mediated a pre-litigation dispute regarding termination of a service agreement. The terminating party contended that it owed less money than the service provider was seeking upon termination. In my pre-mediation communication with the service provider’s attorney the attorney made clear that his client’s primary objective was to incentivize the terminating party to continue the business relationship. With this goal in mind, we mediated the parties’ dispute.

Mediation Do Not Give Up Too Soon

Thu, 13 Jun 2024 19:35:26 EST

In a recent real estate mediation, the parties were extremely far apart in settlement. Plaintiff had an opening settlement demand in the range of seven figures while defendants’ insurance carrier had the case valued in the low six figures. After the parties exchanged their opening numbers, plaintiff made what he thought was a substantial move by lowering his demand to the mid-six figures. Defendants were not at all impressed by plaintiff’s “substantial” move and wanted to terminate the mediation right there and then.

The impact of Californias new civility rules on ADR

Tue, 07 May 2024 18:55:00 EST

Mediation When is a Final Number a Final Number

Thu, 04 Apr 2024 17:30:37 EST

In a recent mediation, I was familiar with the negotiation styles of both attorneys because I had mediated with both previously. From the outset, plaintiff’s counsel indicated what he believed his client’s “final number” would be in settlement. As a mediator, I find it helpful to know the dollar amount for which the parties would like to settle. The question always becomes whether the parties will end up settling for their desired number.