“Winning” the Mediation vs. Resolving the Dispute: How Mediators Can Prepare Counsel (and Clients) for Real Resolution

There is a certain kind of opening I still see at too many mediations. Counsel strides into the room with the unmistakable glint of Trial Day in their eyes, a binder thick enough to serve as a doorstop, and a speech ready to prove — beyond any doubt — why the other side should surrender. It is polished, it is passionate, and it is pointed squarely at the wrong audience.

To read the rest of this article, which was published in Just Resolutions by the American Arbitration Association, click here.