John Lande’s article challenges widespread misunderstandings about BATNA (Best Alternative to a Negotiated Agreement), arguing that it is often oversimplified in ways that mislead negotiators and hinder the pursuit of parties’ deeper interests. It urges attorneys, mediators, and educators to rethink how they teach and apply BATNA by considering uncertainty, bias, and non-economic outcomes.
http://indisputably.org/2025/03/whats-the-matter-with-batna/comment-page-1/
Read MoreMediation is a form of Negotiated Dispute Resolution (ADR), which involves a process of structured ‘without prejudice’ negotiation facilitated by an impartial third party known as a ‘mediator’. The aim is to produce a settlement of the dispute that is acceptable to both parties, and the process enables them to retain control over whether or not they wish to settle, and on what terms. Click here for the link to download the guide created by Nicola Gare of HFW:
https://www.hfw.com/insights/client-guide-making-the-most-of-mediation/
Read MoreTo 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/
Read MoreDr 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.
Read MoreWilliam Gilbride looks at how facilitative mediation has proven successful in resolving civil disputes, leading courts to refer cases to mediation earlier in the litigation process, even before discovery. Key strategies for effective mediation include holding joint sessions to encourage direct communication, allowing clients to speak for themselves, and carefully considering "final offer" strategies with the mediator to avoid prematurely ending negotiations.
https://mediate.com/a-successful-mediation/
Read MoreCharles Gordon of IPOS explains that, mediating insurance coverage disputes can present unique challenges, such as navigating disputes over underlying claims, multiple insurers' involvement, remote/hybrid mediations, and insurance reserves, and offers suggestions as to how to assist in their resolution.
https://mediate.co.uk/article/mediating-insurance-coverage-disputes/
Read MoreDAC Beachcroft looks at how the UK has introduced compulsory mediation for claims up to £10,000, with key features including free mediation, remote one-hour sessions, and sanctions for non-participation. This move aims to ease the pressure on courts, and its timing aligns with the Irish government's focus on using alternative dispute resolution (ADR) to resolve disputes efficiently and cost-effectively, though mediation remains voluntary in Ireland for now.
Read MoreEmily Holland, a contributing Editor at ADR Times, explains how a well-crafted mediation opening statement sets the tone for a productive negotiation by establishing clarity, credibility, and cooperation. Mediators should focus on process guidance and neutrality, while parties should strategically present facts, strengths, and interests to influence the discussion and foster resolution.
https://www.adrtimes.com/mediation-opening-statements/
Read MoreArabella Murphy, director of Propitious (London) Ltd (risk planning, family governance and mediation) explains that preparing for mediation involves recognising the willingness to settle, understanding the private nature of the process, being open to creative solutions, utilising lawyers effectively, and adopting a flexible approach to negotiations to reach a mutually acceptable resolution.
https://spearswms.com/law/how-to-prepare-for-mediation-divorce-angelina-jolie-brad-pitt/
Read MoreCharlie Irvine reflects on the diversity of mediation styles and challenges mediators to articulate their personal "real mediation system." He encourages fellow practitioners to describe their approaches, noting that doing so not only highlights the variety of practices in the field but also helps mediators refine their own methods and gain a clearer understanding of their work.
Read MoreJohn Lande of Indisputably looks at how courts can significantly improve mediation outcomes—at virtually no cost—by better preparing parties through accessible resources, guidance, and clear rules on court websites. He highlights the systemic nature of courts as dispute resolution hubs and presents a collection of practical tools, rules, and examples to help parties, mediators, and administrators enhance pre-mediation preparation.
Read MoreThis article by Harry Spurr of IPOS Mediation, debunks five common myths about mediation, including misconceptions that opening joint sessions are unnecessary, making the first offer is a sign of weakness, and that mediation must be resolved in a single day. The author argues that mediation works best when approached strategically, with patience, openness, and a willingness to adapt the process to the needs of the parties involved.
https://mediate.co.uk/blog/5-myths-of-mediation/
Read MoreCharles Schneider, retired US trial judge, describes the best mediation practices he's observed over the years. He describes the mediation process and the mediation practices he has seen work successfully.
https://www.mediate.com/successful-mediation-practices-from-a-former-judge/
Read MoreSteven 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/
Read MoreAn 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.
Read MoreIt covers everything you need to know about mediating in this space, looking specifically at:
Commercial property mediators, Eve Pienaar and Stephen Barker, provide a guide to mediating in the commercial property space, looking at the mediation process, challenges and case studies, who should attend, advice on preparation and negotiation strategy, and settlement considerations.
Read MoreJohn Quinn , Founder and Managing Partner of Quinn Emanuel, writing in Newsweek, explains the typical mediation process (from an American perspective).
https://www.newsweek.com/legal-expert-mediation-dos-donts-1718570
Read MoreGreg Rooney, an experienced Australian mediator, identifies some of the factors behind his success as a mediator; his curiosity, energy, and ability to keep it 'light and simple'.
https://www.mediate.com/the-art-of-the-simple-in-mediation/
Read MoreJoanna Gosling, BBC presenter and trainee mediator, offers reflections on her training, noting that mediation's strength is sometimes that it's different from the legal remedies available, and the importance in some situations of not focusing on the detail.
https://s6.newzapp.co.uk/t/view/1541506760/121956528
Read MoreBill Lister of Appleyard Lees explains the mediation process and provides advice as to how to get the best out of a mediation.
https://www.appleyardlees.com/mediation-2-how-do-i-get-the-best-out-of-a-mediation/
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