The Effective Mediation Brief: A Missed Opportunity for Many
In an era where the vast majority of disputes settle before reaching trial, the mediation brief remains one of the most under‑leveraged tools in a lawyer’s advocacy toolkit. Too often, attorneys rush past this critical step, treating the mediation brief as a procedural obligation rather than the first, and perhaps most powerful, opportunity to influence […]
Communication Mistakes in Mediation Advocacy (and How to Avoid Them)
Communication mistakes in mediation advocacy can undermine even the most carefully planned negotiations. When lawyers bring poor communication habits into the room — from overused clichés to constant tech distractions — negotiations stall, tensions rise, and outcomes suffer. As mediators, we observe many of the same patterns repeatedly. Certain attorney communication styles can unintentionally derail […]
Lawyers and Mediation: The Benefits of Becoming a Mediation Lawyer
By Bruce A. Edwards Why do litigators need to become better mediation lawyers? Even though the number of civil cases that are resolved through mediation (and other forms of alternative dispute resolution) has soared, and the cases that end in a jury trial have drastically declined, not many litigators have acquired the skills needed to […]
Essential Considerations for Online Mediation Training
Since the Covid-19 shutdown and the increase in remote working, there has been an increase in online mediation training courses. While this reinforces the positive trend toward mediation, it also heralds the need for greater scrutiny and discernment between course offerings. Before you jump at the first course you see, look closely at the following […]
The Value Proposition of Mediation – Understanding the Cost of Conflict
What is The Cost of Conflict? The cost of conflict is central to the value proposition of mediation because it highlights—both tangibly and intangibly—what mediation helps individuals and organizations avoid. In essence, the greater the costs of unresolved or poorly managed conflict, the more valuable mediation becomes as an alternative. Conflict is a naturally occurring […]
The Disappearing Jury Trial and Other Insights for Mediators
As the era of the ‘disappearing jury trial’ unfolds, mediators and legal advocates alike must adapt to a shifting paradigm where resolution via dialogue increasingly replaces a verdict in court. Thirty years ago this past week, I walked away from my partnership in a San Francisco litigation firm to develop a market for a decidedly […]
Essential Skills for the Next Generation of Lawyers
Next Generation Lawyers Will Need Mediation Advocacy Skills Many of us go to law school to become trained as litigation advocates, where our studies are focused on the knowledge and skills needed to represent clients before a judge or jury. Today, however, the opportunities to represent clients in a jury trial are diminishing. By some […]