Mediator Insights: Practice Tips for Attorneys Based on Lessons Learned Over 10 Years as a Mediator

Now that I have hit double digits as a neutral, I thought I would share some mediation practice tips for attorneys based on lessons learned over the last 10 years. Be Prepared.  I prepare for every mediation, and you should too.  You should know the case and also your client. …

ADR Insights: 10 Lessons Learned in 10 Years as a Mediator and Arbitrator

Ten years ago, I shifted my practice from serving as an advocate (an attorney representing parties) to primarily serving as a neutral (an arbitrator or mediator).  Those 10 years went by in the blink of an eye.  Now that I have hit double digits as a neutral, I am pausing…

Mediator Insights: It’s Impossible

They said: This case is impossible to settle.  I responded:  It is only impossible if you don’t try. I am not referring to one specific mediation, but to a commonly identified obstacle to resolution.  Parties often say in frustration “this is impossible.”  But the important thing to understand is that…

Mediator Insights: The Grief in the Room

Do you know who participates in mediation?  People.  People participate in mediation.  Whether for themselves or a business, they are still people.  And many people who participate in mediation are grieving.  Their grief may or may not be related to the underlying dispute.  Regardless, their grief is often palpable and…

Mediator Insights: Stuck on No

Toddlers love the word “no.”  Some grownups do too.  I see this in mediations all too often.  One side is stuck on “no” and my job is to help them become unstuck. To illustrate, let’s consider Tracey Corderoy’s No! Otto is adorable.  Everyone says so – his parents, his grandparents,…

ADR Insights on Business Divorces: You Can Go Your Own Way (Part 9 of 9)

You can go your own way, go your own way.  (Fleetwood Mac’s Go Your Own Way) (Written by Lindsey Buckingham) This is the last in the “Breaking Up is Hard to Do” nine-part series exploring dispute resolution for business divorces. After working through emotions, grief, and valuation, if unable to…

ADR Insights on Business Divorces: Reunited and It Feels So Good (Part 8 of 9)

Reunited, and it feels so good Reunited ’cause we understood There’s one perfect fit And, sugar, this one is it We both are so excited ’cause we’re reunited.  (Peaches and Herb’s Reunited) (Written by Dino Fekaris and Freddie Perren) This is the eighth in the “Breaking Up is Hard to…