Make use of pre-mediation discussions to identify hurdles.
Expect the discomfort of compromise to be palpable and felt by both sides.
Develop a settlement strategy that is not based on your “best day” in court.
Illuminate “pain points” early to increase the likelihood that they can be addressed.
Act on “olive branch” moments.
Transition your client from a “litigation” mindset to a “resolution” mindset.
Invest in a mediator who is prepared, persistent, and patient.
Offer creative solutions when you confront impasse.
Never believe a resolution is out of reach.