Mediation

The concept of confidentiality in mediation is complex and a written agreement is important; misunderstanding what is confidential and what is not can have serious consequences

David Gordon

From Issue: 2023 May

The windup before the pitch

Starting mediation with “tiger blood” still flowing is usually a waste of time. Wait for emotions to calm

Jeffrey Krivis

From Issue: 2011 July

The truth about deception in mediation

While deception can provide a bargaining advantage, it often comes at a cost

Jeffrey Krivis

From Issue: 2007 December

The Superheroes of Facts, Evidence and Logic enter the fray over legal malpractice protection in mediation

Laws that continue to protect attorney misconduct during mediation need to be changed

Nancy Neal Yeend

From Issue: 2015 November

The soft touch: The village elder

Wearing the right hat can affect the outcome of a high-stakes mediation

Jeffrey Krivis

From Issue: 2013 July

The settlement drift

Mediation has drifted from the expectation of 25 years ago that it would be “the final act” in the litigation drama

Jeffrey Krivis

From Issue: 2015 September

The science of negotiation

Follow the mediation of a sexual harassment claim to learn the basic principles of negotiation

Jan Frankel Schau

From Issue: 2018 August