When mediation hits an impasse, the instinct is often to push harder. However, cognitive psychology suggests the exact opposite. Based on insights from Professor Laura Frase, this post explores why getting stuck isn't a failure, but a necessary "incubation" stage. Discover how taking a genuine, low-cognitive-load break helps attorneys overcome tunnel vision and unlock fresh perspectives to resolve disputes.

An employer who goes nuclear when an employee leaves often spends six months and a fortune only to realize the harm was never that bad. Brian Robison explains why emotional intelligence, not just evidence, settles these cases.

Antitrust mediation requires a specialist who understands the unique trifecta of treble damages, joint and several liability, and catastrophic tail risks. Brian Robison leverages nearly 30 years of experience to pressure-test expert vulnerabilities and regulatory timelines. Unlike generalist mediators, he ensures that mediation sessions are focused negotiations grounded in legal and economic realism, not an education on the complexities of antitrust law.

The "honeymoon phase" is behind me, which means it is a good time to take stock — of what has changed in dispute resolution, where mediators are struggling, and what I still want to get done before my term ends.

As the year closes, November and December emerge as pivotal months for settling ongoing litigation. Businesses are eager to finalize their books, driven by budget deadlines and risk reduction before audits. This urgency encourages parties to engage in year-end mediation, promoting a more collaborative atmosphere. Mediators can capitalize on this momentum by preparing effectively and focusing on swift resolutions.

Disputes in business are inevitable, especially in complex situations. Efficiently navigating these conflicts is crucial for resolving issues while preserving relationships and minimizing costs. Key negotiation techniques include preparation, active listening, clear communication, and flexibility. For instance, focusing on underlying interests rather than strict terms can lead to creative solutions.