Blog

Feb 2, 20213 min read

Value of the Evaluative Mediator

Most parties to insurance coverage disputes say they prefer to have the option to seek a mediator’s evaluation of the relative merits of...

Jan 25, 20213 min read

Opening Statements in Mediation: Will They Become Extinct?

When I began participating in mediations thirty years ago, it was customary for the adverse parties to meet, to shake hands (remember...

Jan 3, 20211 min read

Toward More Effective Mediation

Having participated in mediations for thirty years, as mediator or legal counsel, I have of course had a number of unsatisfactory...

Dec 15, 20202 min read

Bracket Midpoints: Signals but not Promises

A customary presumption in mediation is that a party will not disclose to the mediator the party’s “final number” – that is, the lowest...

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