Effective mediation techniques

September 26, 2019

Mediation Lessons From the Talmud: The Components of an Effective Apology

Josh Fruchter
In this latest post exploring mediation lessons from the Talmud, we discuss the components of an effective apology (the Talmud being an ancient Jewish legal text compiled around 500 C.E. that is a primary source of Jewish law and philosophy). The Jewish New Year is four days away. The Talmudic..
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September 23, 2019

Revisiting the Insurer’s Decision Tree Analysis Discussed in Last Tuesday’s Blog Post

Josh Fruchter
Last Tuesday, we published a blog post discussing how a flawed decision tree analysis led an insurer defending a wrongful death action to reject reasonable settlement offers, and then get hit with a nearly $40 million verdict and a $7.2 million judgment for breaching a Texas state law duty to..
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September 17, 2019

Insurer That Relied On Flawed Decision Tree Analysis Hit With $7.2M Judgment For Rejecting Settlement Offers After Failed Mediation

Josh Fruchter
The dynamic present in personal injury mediations is fairly straightforward. The defendant’s insurer (or the defendant, if self-insured) will estimate the risk of a jury verdict for the plaintiff on liability, and discount the likely damages by that risk to determine a reasonable settlement range. On the other side of..
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September 5, 2019

Imago Couple’s Dialogue: A Technique for Addressing Emotion During Mediation

Josh Fruchter
Nearly all disputes in mediation have both a financial and an emotional component. To paraphrase mediator Julie Denny*, the chief executive of a manufacturer is not just angry because the company lost money due to defective parts; she also feels betrayed because a longstanding supplier whom she trusted cut corners..
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August 22, 2019

Pros and Cons of Caucus Versus Joint Session in Business Dispute Mediation

Josh Fruchter
Caucus versus joint session. Every mediator has a different view on the subject. Some rely heavily on caucus, and some try to avoid it. Some recommend a joint session followed by caucus while others advocate the reverse. We are writing about this topic because we recently came across a blog..
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August 13, 2019

Mediation Lessons From the Talmud: How Empathy and Curiosity Help Mediators Resolve Disputes

Josh Fruchter
In this latest post on applying Talmudic principles in mediation, we discuss two vital mediation techniques — encouraging empathy and exhibiting curiosity — that emerge from a Talmudic legend concerning Alexander the Great (the Talmud being an ancient Jewish legal text compiled around 500 C.E. that is a primary source..
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August 8, 2019

I’m Sorry: The Power of Apology in Mediation

Josh Fruchter
As children, we were taught by our parents and teachers to take responsibility for our actions and apologize if we damaged someone’s property or hurt someone’s feelings. See Professor Jonathan Cohen, Advising Clients to Apologize, 72 S. Cal. L. Rev. 1009 (1999). Yet, ironically, as adults — if we cause..
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August 6, 2019

Top Strategies for Preventing and Breaking Impasse in Mediation

Josh Fruchter
Impasse — it’s the bane of all mediators. We know it when we see it. The gap between the parties seems unbridgeable. Neither side is willing to make a move. Emotions are running high, and both sides are ready to walk. What can mediators do to prevent negotiations from reaching..
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July 31, 2019

Mediation Lessons From the Talmud: Is Mediation of Disputes a Moral Duty or a Utilitarian Exercise?

Josh Fruchter
In this latest post on applying Talmudic principles in mediation, we discuss the Talmud’s view of mediation as an affirmative moral obligation (the Talmud being an ancient Jewish legal text compiled around 500 C.E. that is a primary source of Jewish law and philosophy). Moral duties are actions we are..
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July 28, 2019

When Does Evaluative Mediation Cross the Line from Neutral Analysis to Legal Advice?

Josh Fruchter
Two of the primary approaches to mediation are facilitative and evaluative. Under the facilitative approach, the mediator orchestrates a process that facilitates communication between the parties concerning their respective interests and concerns. The mediator typically refrains, however, from sharing an opinion concerning the strengths or weaknesses of either side’s positions...
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