Beyond the Standard Settlement Conference: Consider Customizing Your Commercial Dispute Mediation

In this article published in the Colorado Lawyer, I write about the benefits of customizing a mediation process for commercial disputes. According to a recent survey, many mediators are giving only limited attention to preparing for mediations and planning the process. Absent such planning, parties default to zero-sum bargaining and make concessions that may be suboptimal. The article explains when and how to design a mediation process that can maximize opportunities for reaching creative and efficient resolutions to commercial disputes.