Entries by superuser

Setting the Stage for Success at Mediation, Act 2: Preparing the Defence

Preparation, Preparation, Preparation… As with all other aspects of litigation, preparation for mediation is the key to a successful result.  It starts as early as choosing the most opportune time for the mediation – when your client’s case will be at it optimum – and selecting the most appropriate mediator for the case. Selection of […]

Setting the Stage for Success at Mediation, Act 1: Preparing the Plaintiff

Preparing the Plaintiff Improving the chances of success at a mediation requires special attention to a myriad of details beyond brief preparation and mediation advocacy. Mediation is the one place short of trial where the parties have a chance to be in the same room. It’s important to understand the ways a client can be […]

Representing Vulnerable Clients

  Every client is unique, and every client’s case has its own particular features.  How you deal with that uniqueness can have a large impact when trying to resolve the case. By and large, your clients will be adults who are competent and able to give you instructions when needed.  But what about the other […]

Mediator Ethics

Quality lawyers adhere to multiple layers of ethical and good conduct guidelines as part of their daily practice. Some in the legal field suggest mediators exist in the wild west, with no rules or boundaries governing their work. Nothing could be further from the truth. Mediators who are also lawyers are bound by the same […]

Storytelling for Advocates

Storytelling Ambitious advocates use every means possible to persuade others to their position.  And while the legal merits of law, logic, and economic advantage never lose their value, one of the most influential tools available remains the ancient art of storytelling. Storytelling breaks through all barriers, cultures, and languages, offering the most powerful format for […]

The Benefits of a “Failed” Mediation

Mediations can be frustrating. And frustration is a growing concern in our current circumstances with instant gratification and a partisan divide shadowing our days. Still, we need to remind ourselves that all parties share a goal for resolution—even if they arrive with diametrically opposed ideas as to the respective merits of their cases. If progress towards […]

The Power of Loss Aversion

Want to become a more effective negotiator?  One of the most powerful drivers of the decision-making process is loss aversion.   Understanding the psychology of this concept and how it impacts risk management can give you a decided edge during mediations.  The concept is so fundamental that it is a key underpinning of behavioural economics. Tversky […]

The “F” Word

Nothing halts a productive mediation more than one of the parties launching the “F-bomb.” Salty language can be used during negotiations from time to time, but in this case we are discussing the use of the word “final.” Mediators cringe when either party asks them to deliver their “final offer.” Without corrective effort, this phrase […]

What can Negotiation Science do for me?

Perhaps it’s helpful to start with what negotiation science can’t do for you. Negotiation science can’t mesmerise, trick or fool your counterpart into accepting an offer that doesn’t satisfy their needs. It can’t make a strong case weak, or a weak case strong. And it will never take the place of properly building your case […]

Ethical Issue: Neutrality of the Mediator, The Coin of the Realm

To obtain mastery of the strategic aspects of mediation, counsel need a good understanding not only of their own ethical obligations and procedural role, but those of the other parties. This includes having a sound grasp of the mediator’s role and constraints. We plan to discuss the ethical issues of mediators in each issue of […]