Independent and neutral resources for effective, efficient arbitration hearings in New York City
The final hours of a mediation are where deals are made — or lost. As fatigue sets in, positions harden, and the easy concessions have already been spent, mediators and counsel find themselves navigating the hardest part of the day: getting the parties across the finish line. This panel of experienced Houston mediators will share best practices, candid war stories, and practical strategies drawn from thousands of mediations for managing the critical last third of the process.
The discussion will cover techniques for breaking impasse (mediator’s proposals, bracketing, decision-tree analysis, and the well-timed reality check); drafting settlement agreements that hold up under pressure (Rule 11 agreements, term sheets, MOUs, enforceability traps, and the mediator’s appropriate role in the drafting process); diagnosing and avoiding settlements that fall apart after the parties leave the room; and creative alternatives when conventional settlement is out of reach, including binding mediation, baseball and high-low arbitration, issue arbitration, and other tools to bring about resolution.
