Even the simplest business disputes cost tens of thousands of dollars to litigate and easily can shoot into the six-figures.  Worse, cases can take years to get to trial.  Even then, end results with judges and juries are highly uncertain. Luckily, mediation has stepped into the breach and offers [...]

You’re smart.  Your lawyer’s smart.  He or she has probably told you what a good result would be for your case.  So why haven’t you been able to settle the case? Most likely, the stage hasn’t yet been set for a “shared moment of objectivity.”  After all, your lawyer’s [...]

Mediation works because everything said or done in mediation is confidential.  Confidentiality provides a “safe” environment for the parties to speak frankly and openly with a mediator, and even each other, without fear of “being bitten” at trial in the event the case does not settle.This is part of the [...]

Successful mediation requires substantial client counseling in advance.  A client not fully and objectively knowledgeable about the case can be overly optimistic and unable to “know a good deal when he or she sees one.” Consider the following . . . . Timing.  The client meeting should [...]

You’ve agreed to mediate, but quite frankly you aren’t too optimistic.  The last settlement offers weren’t even “in the same zip code.” So how can it be that the mediation success rate is a whopping 85%?  What can a mediator do that you and your lawyer can’t do? [...]