Mediator selection can materially affect the process. Different disputes call for different combinations of subject-matter familiarity, settlement experience, communication style, patience, and evaluative skill. What to Focus On Look for a mediator who understands the type of dispute and the people likely to be involved. Consider style: some parties respond well to a facilitative approach; others need a mediator willing to test positions more directly. Ask whether the mediato

Mediation works best when the parties arrive ready to make decisions. Preparation is not simply writing a persuasive brief; it means understanding the case well enough to evaluate settlement in real time. What to Focus On Know the strongest and weakest parts of your position—not just your best arguments. Estimate the financial and practical cost of continuing the dispute. Identify who must participate or be available to approve a settlement and what information that person wi

Although mediation styles vary, most sessions follow a practical progression: preparation, an opening discussion, private or joint negotiations, evaluation of proposals, and—if agreement is reached—documentation of the settlement. What to Focus On Before the session, identify the important facts, legal issues, costs, risks, and settlement objectives. During the session, expect the mediator to test assumptions and carry proposals or ideas between the parties. If settlement is

Mediation is often associated with pending lawsuits, but parties can mediate before a complaint is ever filed. In the right dispute, early mediation can create a structured settlement conversation before litigation costs begin to accumulate.  Mediation is often associated with pending lawsuits, but parties can mediate before a complaint is ever filed. In the right dispute, early mediation can create a structured settlement conversation before litigation costs begin to accum

Mediation and litigation are not competing versions of the same process. One is designed to help parties negotiate a voluntary resolution; the other asks a court or jury to decide the dispute. When discussing case strategy within the firm or with clients there are a few factors to consider. What to Focus On Compare control: mediation lets the parties decide whether and how to settle. Compare cost and timing: litigation can require substantial discovery, motion practice, exper

When disputes arise, it's easy to assume that litigation is the only path to a resolution. In reality, many disagreements can be resolved more efficiently through mediation. Whether the issue involves a landlord and tenant, employee- employer, business partners, neighbors, or contractual disputes, mediation often provides a practical solution that saves both time and money. Litigation Is Expensive—In More Ways Than One Going to court rarely involves just attorney's fees. Ther