In litigated cases, clients deal with myriad uncertainties.  How can we help them make informed decisions about whether to litigate or whether to settle?

As seasoned negotiators, most of us know how to do the classic distributive bargaining to settle a lawsuit. We understand opening offers, brackets and midpoints.  When our matters settle, we don’t think twice about the process because it worked.  But what about when there is an impasse?  That’s when things get interesting, and we need to dig a little deeper to solve the puzzle.

Many of us will be making resolutions in the New Year.  Here are five New Year’s (Dispute) Resolutions to assist you in resolving your disputes.

Have you ever had a recurring impasse in your professional or personal relationships?  Take, for example, the opposing counsel who screams at you in the middle of a settlement conference. Or how about the colleague who gets under your skin until you just can’t take it anymore and snap at him? At times like these, we often lack the ability to move the conversation -- and therefore the negotiation -- in a more productive direction.

I recently heard a mediator say that he never conducts a joint session when mediating litigated cases.  He didn’t say he rarely conducts joint sessions – he said never....

Environmental and toxic tort litigation matters are often complex and usually involve many parties; this is why mediating them requires a unique combination of approaches – far beyond the classic caucus-only mediations that are standard today.  While some toxic tort and environmental cases can...

More parties are mediating earlier than ever before – often before or right after the lawsuit is filed.  Early mediation can be very effective, especially when you consider the following three strategies.