Month: August 2025

Being the first party to make a monetary demand at mediation can be advantageous because it may serve to anchor (a cognitive bias where an initial offer influences by serving as a reference point around which all parties’ future offers revolve) the parties’ view of the value of the matter. It is natural to make…

Read More “Mediation Tip #18: Piggies Get Fat and Hogs Get Slaughtered” »

For successful mediation, both attorneys and clients must manage their expectations regarding outcomes. Lawyers should avoid expecting a settlement equal to a best-case trial verdict, while clients must understand the mediator does not issue verdicts. Compromise is essential, and being prepared to discuss case strengths and weaknesses can facilitate resolution.