The secrets of confidentiality 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 role of Special Masters in resolving complex cases Special Masters streamline the dispute resolution process, minimizing the costs, delays and risks of complex cases such as construction defects Steven SkikosAnne M. Lawlor Goyette From Issue: 2019 August
The reptilian need for closure Your closure needs at mediation may be different from the adjuster’s Jeffrey Krivis From Issue: 2012 April
The power of appreciation and finding merit in what others say, feel, and do Using appreciation to create an emotional connection and overcome resistance to unpleasant facts in order to achieve better outcomes in mediation Bradley Bostick From Issue: 2019 August
The myth of neutrality If your goal is to unlock the value of your case, then understand that mediating “safely” doesn’t settle cases Eric Ivary From Issue: 2023 September
The hidden negotiations that decide your employment case Shaping case outcomes through tactical empathy and strategic framing Dan Lyman From Issue: 2025 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
The right fit A road map for plaintiffs’ attorneys to selecting the best mediator for a particular case Lisa P. MakClaire Y. Choo From Issue: 2020 August
The quid pro quo of mediation Eliminate obstacles, prepare thoroughly and give the other side what they need so that you will get reasonable case value the first time around From Issue: 2011 July
The OODA Loop Using a military strategy to defend attacks on your case Jeffrey Krivis From Issue: 2009 August
The mediator’s proposal Do you expect a proposal from the mediator? Is the proposal a tool, or a crutch? Nancy Neal Yeend From Issue: 2016 August
The five steps of mediation (and negotiation) Mediation is a facilitated negotiation. You’ll do better adhering to the five predictable stages Alexander Polsky From Issue: 2012 September
