Preparing for Mediation
Darrell Lewis
Many cases are resolved before trial simply by counsel getting together and negotiating a resolution. When you go to mediation how can you prepare so that you get the most out of the mediation session?

The Top Ten Barriers to Dispute Resolution
Joe Epstein, Susan Epstein
Years of legal experience and thousands of mediations have helped us to devise a list of the Top Ten Barriers to Dispute Resolution. When negotiators are determined to be effective and collaborative, recognition of these barriers will enable them to move the mediation process forward in a positive way. This knowledge will also help the thoughtful and determined negotiator to break impasse.

Six Ways to Sabotage a Mediation

If you're the kind of lawyer who thinks it might be fun to ruin a mediation, here are six sure-fire ways to succeed.

Tips for Attorneys–Preparing for Mediation
Eileen Barker
Helpful hints and some Do's and Don'ts as you prepare your case for mediation.

Ten Commandments for Counsel Preparing for Mediation
Richard Morley Barron
The following are ten time-tested “commandments” for legal counsel who find themselves preparing for the facilitative mediation of one of their cases.

The Who of Mediation–Part I: A New Look at Mediator Styles?
Paula Young
In 1994, Len Riskin, the C.A. Leedy Professor of Law at the University of Missouri-Columbia and Director of its Center for the Study of Dispute Resolution, inadvertently started a great debate about what “style" of mediation was "best"?

The Who of Mediation–Part II: Wisely Choosing a Mediator
Paula Young
Just about anyone can hang up a shingle advertising his or her ability to conduct private mediations. For lawyers and clients and other mediation parties, this information should tell you that the “buyer [must] beware.? You need to take the time to choose your mediator wisely and with care. Mediators vary greatly in skill, training, experience, and temperament. Parties choosing a mediator must approach the task on a case-by-case basis, considering the facts, emotions, relationships, and law of the dispute as they may affect the attributes you need in mediator.

The Who of Mediation–Part III: Lawyers in the Mix
Paula Young
How lawyers prepare clients for mediation depends on their client representation skills, their experience with the process, their attitudes towards mediation, their expectations about the process, and the client’s expectations about the process. Over ten years ago, I represented a client in mediation for the first time. Instantly, I was a “true believer.” After that transformation in perspective and professional goals, I have spent the last decade assembling the skills I need to teach students about mediation, represent clients in the process, and serve as a skilled neutral. While mediation may no longer be the latest fad, lawyers still have plenty to learn about effectively using the process on behalf of our clients.

Litigate or Mediate? Mediation as an Alternative to Lawsuits
Adrienne Krikorian
Mediating a case before a lawsuit is filed enables the parties to present their case to a mutually selected neutral person before any money is spent on litigation. The cost of mediating a case is minimal compared to the costs incurred through the life of a lawsuit.

Preparing for Pre-Litigation Mediation
John H. Hachmeister
Preparation for mediation is just as important as preparation for litigation. What follows is a suggested road map for preparation.

The Right Time to Mediate
Michael P. Carbone
So what is the right time to mediate? The answer is different in each case. The best way to find out is probably to talk to your adversary.

The Use and Abuse of Deception
Charles B. Parselle
Deception is common human relationships. Deception is common in negotiation. Most human relationships are conducted by way of negotiation.

Attorneys in Mediation: For Better or Worse?
Teresa Carey
As attorneys have become more experienced in the mediation process, they have developed a greater understanding of its potential, as well as a broad range of sophisticated strategies and tactics. A distinguished group of San Francisco Bay Area attorneys and mediators came together for a spirited discussion of issues faced by both as they interact in the mediation process.

The Opening Demand
Michael P. Carbone
The reality is that the opening demand is often at least three times what plaintiff’s counsel thinks the case may actually be worth. Part of the explanation, of course, is that any good negotiator wants to leave himself plenty of room to bargain and so will always "anchor high."

Over Emphasis of Legal Issues in Mediation May Be Detrimental to Settlement
Jon Linden
This article attempts to incisively examine why certain processes might fail because of an over emphasis on the legal aspects of the case.

Why Mediation Works When Negotiations Fail
Michael Roberts
Recently, I served as a mediator in a dispute between two former partners in a business venture gone bad. The parties had attempted to resolve their dispute on numerous occasions but to no avail. By the time of the mediation, the parties had spent substantial amounts of money on attorneys, emotions were running high, and the parties distrusted one another so much and perceived themselves to be so far apart that the chances of any settlement seemed unlikely. Nevertheless, after one day of mediation, the dispute was settled. So why is it that mediation works when direct negotiations have failed?

The Mediated Settlement: Is It Always Just about the Money? Rarely!
Steven Schwartz
Since our legal system of dispute resolution tends to remedy wrongs only by payment of money, most settlements will eventually involve negotiations over the amount to be paid and received. Yet, in both the theory and actual practice of mediation that has led this writer to conclude that it is never just about the money.