Articles

Mediation Few mediators are excellent. The difference lies in the approach. Most approach mediation is an art. They’re good because they do what comes naturally. They ask good questions, make the parties feel comfortable, and, as a result, successfully move the parties toward settlement. Then there are...

Authority to settle means legal authority to settle. It does not refer to corporate or personal authority. Authority to settle is of course a requirement of party representatives to a mediation. It seems the authority to settle rule is always strictly adhered to. Yet, some...

A distinguished neutral need not be an extinguished neutral because being neutral does not require being passive. Yet, professionals have confided in me that they thought a good mediator is not wholly neutral. As explained in a variety of ways, they mistakenly thought that affirming...