What did you just say?

How to take charge of your negotiations to communicate what you really mean (and want)

Barbara Brown

From Issue: 2011 September

Virtual mediation: Give it a chance

It’s here to stay, and this mediator believes it’s actually better than traditional in-person mediation

Jerry Spolter

From Issue: 2020 August

Using third-party witness testimony at mediation in the employment case

Aside from the credibility of your plaintiff, a third-party witness may be your most powerful tool to increase the settlement value

Dave Rudy

From Issue: 2015 June

Using a focus group when your case gets locked up

Listen and learn from the mock jury panel’s deliberation

Jeffrey Krivis

From Issue: 2011 June

Understanding cultural differences to mediate more effectively

Cultural diversity can create barriers to settlement, but they can be overcome

Randall Choy

From Issue: 2016 August

Truth in mediation

Everybody lies, right?

Rebecca Grey

From Issue: 2019 August

Want your mediation to fail?

The other side of the coin: Twelve excellent and fairly common ways to insure your mediation fails

Alexander Polsky

From Issue: 2011 September

Using traditional Japanese tea ceremonies to resolve disputes

The traditional Japanese tea ceremony, which originated from the samurai period, can be used as a model for effective mediation

Devin C. Tucker

From Issue: 2025 December

Using the Memorandum of Understanding as a draft settlement agreement to streamline settlement

Drafting an MOU at the beginning of negotiations gives you the control of the discussion that follows in the mediation

Jeffrey Krivis

From Issue: 2008 October

Use a ballot to settle multiple claims at the same time

Here’s a simple but effective technique that works most of the time when there are multiple claims

Jeffrey Krivis

From Issue: 2009 March

Try a workaround

Finding a workaround to satisfy an irrational party in multiparty meditation may get the settlement back on track

Jeffrey Krivis

From Issue: 2011 March

Tracking fracking

The Federal BLM doubled the number of California fracking permits issued in the first six months of 2019 – can more lawsuits be far behind?

Nancy Neal Yeend
Ann Clarke

From Issue: 2020 February