Fostering trust at the outset of negotiation earns outsize dividends later, when decisions are consequential, and must be made. It takes an especially astute mediator to help preserve intra-party relationships on the way to settlement.

NASA understands that human nature and conflict, like mechanical failure, or machine design mistakes, can doom a mission; it’s that potent.

We were recently engaged to mediate a $1 billion mass tort case. The case concerned allegations harkening back years. Mega litigation settles when mediators strip mega disputes to their outcome-affecting essentials. Culling issues is vital if settlement is the goal. Talented mediators focus on trees, not whole forests.

Not all trial lawyers are first rate bargainers. You really want your expert trial lawyer to have also made striking plea deals in criminal cases, a meaningful part of her career.

Juries decide less than one-half of one percent of cases. Why?

You and your opponent opted to mediate instead of litigating. You mediated and deadlocked. Now what?

Looking for our goldilocks moment …

What’s our case’s real value? How do we know we’re right?

For you, survival is hunting. You are a prehistory cave dweller. …

Credible negotiators mediate better. If we want to be credible, what’s indispensable?

If mediation is our strategy, its no good to preach.  Resolution always lies in hearing the other side.

When we’re mediating, we’re all negotiation MacGyvers.