Month: January 2026

There are situations where our humanity, assuming attorneys are still humans, cries out for an apology. Yet they are seldom used in settlement negotiations even when they might assist to resolve the matter. Perhaps we are afraid of the statement being used against our client in case the matter doesn’t settle at mediation? That concern…

Read More “Mediation Tip #24: An Apology is Privileged Settlement Communication” »

Most clients are not familiar with the rhythm and flow of a mediation. Reviewing the social norms with them prior to the mediation may be useful to orient their expectations. The following are some principles of distributive bargaining that lawyers in most cases generally expect to be observed: Non-repeat players in mediation tend to negotiate…

Read More “Mediation Tip #23: The Dance for Dollars is Choreographed” »