COVID-19 and ODR

Zoom: The New Normal

With more than 60 full day cases under my belt, I am pleased to underscore the positive results of Online Dispute Resolution (ODR). Settlement rates have remained historically high, if not higher. For most of my cases, online proceedings have become [READ MORE ...]

Is It Only ‘The Number’?

Mediation is not simply a linear, rational process, which arrives at ‘the number’. Veteran mediators recognize that, for the litigants, the emotional aspects of a settlement often involve far more than just venting. Giving up a goal, settling below a certain expectation, or even achieving a favorable settlement can be [READ MORE ...]

Opening Numbers in Mediation

I doubt many of us have seen a dispute settle at a mediation session based on the opening number. Because no one expects the matter to resolve in the first round of bargaining, too little attention is paid to the crafting of opening positions. Some lawyers view [READ MORE ...]

Can We Talk?

As lawyers trained to work in a courtroom, we are not used to having conversations. We make opening statements, we question, we crossexamine and we argue. In mediation, these skills may well be a [READ MORE ...]