When cases I mediate involve the division of disputed interests in business, land or other property of value, there is a method I...

Are you a fan of early mediation? I’m often asked about the best time to mediate. Although every case is different, my answer is the...

Mediations end in settlement the vast majority of the time, but not every case will resolve on the day of mediation. I have been asked...

One of the problems with clients having inflated expectations about potential litigation results is that it becomes harder to actually...

I read a highly useful book last year, “High Conflict People in Legal Dispute,” by Bill Eddy, LCSW, ESQ. Eddy is a therapist, lawyer and...

I was recently asked by a party, after reaching a settlement, whether my evaluation of the case is determined by which room I am in. The...

I’ve had the pleasure of mediating a significant number of boundary line disputes between neighbors. It is rare that the parties have not...

Attorneys often tell me how eager they and their clients are to take their case to trial. I understand it’s a way to convey conviction to...

In many mediations, one or both parties tell me that the other side is unethical and is lying about significant disputed facts. Attorneys...

When I was a young trial lawyer, I sometimes instructed clients to keep completely silent during mediation, particularly the clients I...

I recently mediated a case in which I delivered an offer and commented, “This is much higher than I thought they would go; it’s a...

One of the frequent claims I hear at mediation is, “I’d rather pay my attorney [tens/hundreds of thousands of dollars] in legal fees...

Engage in settlement discussions earlier, more frequently and seriously.

Attorneys still play a key role in ensuring the mediation has its best chance of success.