Mediation

Mediator settlement proposals: a perspective

A written proposal sets forth crucial deal points to break a negotiation impasse

From Issue: 2023 July

Staying focused on your goals while respecting the defense’s limitations can get it done

Speaking and hearing the same “language” goes a long way to promote favorable settlements

When the insurance company has “skin in the game”

How to analyze your mediation skills, style and needs

From Issue: 2016 August

An ethical issue either way

Your mediation should be the definitive end point of a dispute, but getting there requires the same preparation as winning a big game

From Issue: 2017 August

Understanding facilitative, evaluative and directive approaches to a negotiated settlement

Better-informed parties enhance the chance of reaching a good settlement. “Surprise!” is a tactic best reserved for the courtroom

How did they price the file?

From Issue: 2010 March

Navigating the jurisdictional dilemma

Don’t let the law of mediation confidentiality keep your offer to settle out of evidence in a bad-faith action