The resolution of a dispute does not just occur on the day of the mediation. Each participant to mediation needs to prepare their own strategy for negotiation in the settlement. In other words, there is homework that needs to be done to have a successful resolution. Based on my experience as a mediator, here are a few tasks each participant needs to complete before the mediation. These tasks and the discussions with the mediator are confidential. They are confidential under both Attorney Client privilege and under mediation confidential provisions in court rules, statutes, and standards. Do you and your opponent […]
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Settling the Tough Ones: Four Keys to Mediator Magic
Long ago, an attorney client told me she was bringing me a case to mediate that required my “magic” since she saw little chance of resolution, but the court had strongly suggested the parties try mediation. The case settled in mediation. More importantly, her comment made me reflect on the mediation techniques I regularly rely upon to resolve seemingly intractable conflicts. Apart from proper wand technique (and equally applicable to in-person and video-conference mediations), my top four pieces of “mediator magic” are: Establishing trust; Identifying themes; Believing the parties are closer to agreement than they appear (my observations and some […]