The Road To Settlement

Mediation’s Most Dramatic Moment – The Gap!

Mediation's Most Dramatic Moment - The Gap! by Judge Elaine Gordon, (ret.) June 2023 by Judge Elaine Gordon, (ret.) Just like a story, mediations have structure and drama. The beginning of mediation focuses on rapport building among the mediator, counsel, and parties. The second stage involves information exchange, and the third stage is the bargaining

An Update from the Virtual World . . .

Recently, a study conducted by the U.S. Equal Employment Opportunity Commission reported that over 90% of participants in online mediations would use it again if they were in another dispute. Seventy per cent reported that they would prefer online mediation to in-person mediation in the future. [READ MORE ...]

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 ...]