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
Reaching Consensus: The Real Goal of Mediation
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... Read More
Mediation – Words Matter
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, t... Read More
Mediation – Running Out of Authority Does Not Prevent Settlement
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. ... Read More
Mediation – Know When to Show ‘em: The Art of Timing
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. Read More
Mediation – Tell Me More
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 s... Read More
