Emotions, anger, neuroscience and the opening demand in mediation

Why some mediations fail right from the beginning as the parties retreat to their corners and never emerge

Barbara A. Reeves

From Issue: 2019 August

Effective appellate mediation

A closer look at the mediation of a defense appeal from a money judgment

Herb Fox

From Issue: 2021 December

Don’t let a liquidated-damages clause nullify your settlement agreement

When a settlement agreement includes a liquidated-damages provision it may become subject to heightened scrutiny

Abraham Khan

From Issue: 2023 September

Distressed real estate and ADR

Analyzing various remedies available thru ADR when a real-estate default arises

Alan S. Petlak

From Issue: 2024 September

Court proceedings after mediation

Mediation tips from “the professor” on how to best use the courts to wrap up your mediation

Enrique Romero

From Issue: 2021 September

Bracketing: An alternative mediation technique

Brackets can elicit faster, more significant moves from the parties, but you must avoid errors and misleading signals

Denise Madigan

From Issue: 2023 July

Eight best-practices for mediating single-plaintiff wage-and-hour claims

Because wage-and-hour damages can be calculated more precisely, the parties may not be as far apart in their settlement valuations

Polina Bernstein

From Issue: 2023 July

Don’t walk out

A guide to getting the most value from a mediation, even if the case won’t settle

Bernard Alexander

From Issue: 2023 July

Do you have a settlement Brain Trust?

From the settlement consultant (broker) to the estate attorney, CPA and financial advisor, clients receiving a large settlement can require a real team to manage it for a lifetime

Traci Kaas

From Issue: 2018 August

Crafting a plaintiff’s mediation brief for a standard personal-injury case

The importance of a clear, concise and informative mediation brief

Norman Perry Tarle

From Issue: 2024 September

Calculating damages with class

Presenting damages to the mediator in wage-and-hour class actions

Arya Rhodes

From Issue: 2019 August

Bracketing 101

Is bracketed negotiation more trouble than it’s worth, or is it a valuable tool for settlement?

Denise Madigan

From Issue: 2017 August