Marc Alan Fong | JAMS There is a moment in mediation that seasoned neutrals recognize almost instinctively. It does not arrive with fanfare. It surfaces quietly, often within the first half hour, when counsel begin to frame the dispute. One attorney presents a coherent narrative, grounded in the facts and anchored in a realistic understanding… Continue reading The Well-Prepared Attorney: Setting the Course for Mediation Success
Tag: mediation
Bracketology in Mediations: How, Why and When to Use Brackets to Optimize the Potential for Settlement
Jon. B. Masini | JAMS In mediation, every move sends a message—and few tools shape that message more strategically than brackets. Used at the right time, brackets can help reset expectations, reduce friction and create momentum toward settlement. The use of brackets is a helpful negotiation tool in mediation. However, some parties are reluctant to… Continue reading Bracketology in Mediations: How, Why and When to Use Brackets to Optimize the Potential for Settlement
Effective Strategies for Preparing Clients for Mediation
Chad J. Tamaroff | GreenspoonMarder Mediation succeeds when clients arrive informed, organized, and emotionally ready to engage in principled negotiation. As counsel, your role is to demystify the process, align expectations with likely outcomes, and equip clients with the facts they need to make sound decisions. The following strategies provide a practical, attorney-led roadmap for… Continue reading Effective Strategies for Preparing Clients for Mediation
The Emotionology of Arbitration and Mediation
Gilbert K. Squires | JAMS I coined the term “emotionology,” which is a combination of “emotion” and “psychology.” It describes an applied science that examines how human emotions influence and become part of decision-making and negotiation processes in arbitration and mediation. In these settings, participants are emotional and spiritual beings; the success of the process… Continue reading The Emotionology of Arbitration and Mediation
Sealing the Deal in Mediation Without Glitches
Bryan Rendzio | Miles Mediation & Arbitration You have just spent an entire day in mediation traversing legal issues and opposing counsel as well as your client. The good news is that the parties have reached a deal in principle. The client is exhausted and has asked for the fifth time whether he or she… Continue reading Sealing the Deal in Mediation Without Glitches