Four Ways to Keep the Other Side Talking During your Next Negotiation

To turn a reluctant negotiator into an engaged conversational partner, focus on maintaining strong presence, using open-ended questions through the "questioning funnel," and applying active listening skills like paraphrasing and summarizing. Once rapport is built, you can carefully explore more sensitive issues, having established trust and created a safe space for open dialogue. By Philip Williams, CEDR

https://www.cedr.com/four-ways-to-keep-the-other-side-talking-during-your-next-negotiation/

Five Reasons Mediations Fail – How to Avoid Them

Dr Karl Mackie looks at why mediations often fail due to five key factors: inadequate preparation, the wrong negotiation team, clients blind to litigation risks, overconfident advisers, and tactical or strategic misuses of the process. However, even when a settlement isn’t reached on the day, mediation frequently delivers value by clarifying positions, exposing risks, and laying the groundwork for future resolution, making the notion of “failure” often misleading.

https://www.cedr.com/five-reasons-mediations-fail-how-to-avoid-them/?utm_campaign=Commercial%2520Newsletter&utm_medium=email&_hsmi=154375266&_hsenc=p2ANqtz-9GboRphSIKmbDS1P8H6lfKadylgiNhPbPB7LvlGsByaYm2xE9WpdOk_Rw0hVpovKc2oYxndC9Xc_XU4n_F-gf1DPFgos4YuUi-FAITQlilgTx2WFo&utm_content=154375266&utm_source=hs_email

Improve the Chances Your Mediation Will Be a Success

Steven Mehta, an LA mediator, offers some good advice as to how to succeed at mediation: let the other side pick the mediator; avoid arguing about who’s right; leave the litigators at home; and deal with complex issues last.

https://www.adrtimes.com/improve-the-chances-your-mediation-will-be-a-success/

For Dispute Resolution, Consider a Lawyer Trained as a Mediator

An article from Harvard Law School explores how hiring a lawyer trained as a mediator can lead to more objective advice and better decision-making in disputes, as such lawyers are less prone to biases that often impair judgment in adversarial roles. Research shows that mediation training and de-biasing techniques like considering the opposite and perspective taking help lawyers—and their clients—avoid costly settlement errors and reach more collaborative, effective outcomes.

https://www.pon.harvard.edu/daily/dispute-resolution/negotiation-research-dispute-resolution-consider-lawyer-trained-mediation-nb/?utm_source=WhatCountsEmail&utm_medium=jsweekly&utm_date=2022-08-27-10-00-00&mqsc=W4146584

Getting an elephant and a mouse to dance together

Andrew Hildebrand of IPOS Mediation looks at why mediating disputes between large organisations and individuals or small businesses—likened to getting an elephant and a mouse to dance—requires special skills to bridge vast differences in power, perspective, and priorities. A successful mediator must earn the trust of both parties, understand their unique concerns, and facilitate communication that fosters empathy and resolution despite the imbalance.

https://mediate.co.uk/blog/mediating-disputes-between-smes-and-large-organisations/

How Mediation Can Help Both Sides Win a Trade Secret Case

James Pooley of IP Watchdog looks at how trade secret disputes are often emotionally charged and rooted in broken relationships, making mediation an ideal tool to help parties identify the real issues and reach resolution before costly, protracted litigation unfolds. By engaging a skilled, evaluative mediator early, parties can address underlying emotional dynamics and business interests, ultimately reducing damage, preserving relationships, and achieving more satisfying outcomes.

https://ipwatchdog.com/2021/03/29/mediation-can-help-sides-win-trade-secret-case/id=131590/

Five Principles to Maximize Chances of Success in Mediation

To maximise the chances of success in mediation, attorneys and clients should carefully select a mediator suited to the specific dynamics of the dispute, approach mediation collaboratively rather than adversarially, and maintain open, candid communication with the mediator. Success in mediation should be viewed not only as a settlement, but also as a valuable step toward understanding the dispute and creating the conditions for resolution, even if agreement is not immediately reached. By Rachel Gupta

https://mediate.com/five-principles-to-maximize-chances-of-success-in-mediation/

Mediation Law During COVID-19

Tony Allen, CEDR, provides a digest of (2020, UK) decisions that relate to mediation and its place in civil justice, including costs sanctions for not mediating, confidentiality of the mediation process, judicial encouragement and facilitation of mediation, and conflicts of interest and mediator appointments.

https://www.cedr.com/mediation-law-during-the-covid-19-pandemic/

Practice Pointers for a Successful Mediation

Shuli Green (Miles Mediation) discusses the benefits of mediation over litigation, when to mediate, how to choose a mediator, and how to prepare for mediation.

https://www.milesmediation.com/blog/practice-pointers-for-a-successful-mediation/

The Mediation Advocate’s Bill of Rights – Jeff Kichaven

Article explains what you should expect – and what you are entitled to – from your mediator.

https://www.mediate.com/articles/KichavenBillofRights.cfm

Choosing a mediatorNicole MacdonaldDecember 3, 2012Back to all Resources

Large, Complex Construction Disputes: The Dynamics Of Multi-Party Mediation

Albert Bates Jr and L. Tyrone Holt discuss the complexity of mediating large, multi-party, complex construction disputes.

http://arbitrationlaw.com/files/articles/-_aaa_large_complex_construction_dispues_-_the_dynamics_of_multi-party_mediation.pdf

The AMINZ Guide to Mediation

The Arbitrators' and Mediators' Institute of New Zealand's guide to mediation. An overview, including how to select a mediator and the mediation process.

https://www.aminz.org.nz/Attachment?Action=Download&Attachment_id=719