“Preparing Clients for Productive Mediations”

In this article available at JD Supra, Abby Silverman offers helpful insight into “participants’ reaction to one aspect of the mediation process—the bargaining.” As she explains, “[t]he emotions surrounding litigation may explain why participants in mediations, experienced and inexperienced litigants alike, are shocked and surprised in the normal course of mediation it becomes a bargaining session.” She discusses the opportunities available to prepare and condition parties to transition from discussions about the emotions and merits of the dispute to the colder reality of back-and-forth negotiation.