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Here we go again: Responding to familiar frustrations in mediation
Commentary: Jeff Trueman advises lawyers to prepare before mediation and use strategic opening moves to improve outcomes.
The art of influence
As lawyers and executives, we are in the business of persuading others. Yet sometimes patience, professionalism and objectivity fail to persuade or influence the right people. Since we need an […]
Why lawyers misjudge trial outcomes in mediation
Lawyers often misjudge trial outcomes in mediation. Studies show overconfidence and costly mistakes. Here’s how to improve case valuation.
Better data from better bargaining
For better outcomes in mediation, prepare in advance and think about how you are going to get what you want.
The ins and outs of multiparty mediations
One of the most challenging aspects of mediating multiparty disputes is the allocation of liability and contribution by each defendant. Typically this is encountered in construction disputes, class actions, mass […]
5 strategies that will help you reach a good outcome in mediation
Lawyers can create good outcomes for their clients in mediation when they employ strategies that underscore the importance of leverage, contact with participants on other side, and clear communication. Information […]
The first principle is not to fool yourself
We spend so much time and money trying to protect and enforce our rights against others that we overlook threats from within ourselves. The famous physicist, Richard Feynman, said, “The […]
Mediators can help bridge gaps in communication
In some instances, managing a client’s expectations may be more difficult than negotiating with the other side. Litigation is stressful and clients respond to stress differently. Most have not been […]
Online mediation: The wheels of justice keep turning
Many lawyers have expressed concerns to me about mediating online, worrying that it’s not as effective as mediating face to face. Although I was inclined to agree, I was willing […]
Responsive strategies that help parties save face in mediation
The techniques discussed here rely on the participants’ trust in the mediator, which must be established fairly quickly in mediation. If the parties and counsel do not trust the mediator, […]
‘Saving face’ in employment mediation
Employment law disputes can be tough to settle. These disputes center not only on employment practices, but also on deeply held personal views of worth, honor and status. Parties draw […]
Early mediation: How to maximize efficiency
The success and efficiency of mediation depends, to large degree, on timing. If it occurs too soon, critical facts may not be found and counsel may not be able to […]
