Flexible Mediation: Tools for Settling Cases

Disputing parties and their lawyers go to mediation to settle cases. I propose that mediators are most useful when we have a wide array of settlement tools at our disposal. This article is written for litigators thinking about using mediation to settle cases and for mediators thinking about the range of acceptable mediator activity. Disputes have many similarities, but also many differences. Mediators must be prepared for and flexible in dealing with a variety of challenges including: high emotion, different negotiating styles, distrust, legal issues, and at times relationship building.