Alternative Dispute Resolution
Sep. 11, 2026
The peril of certainty in mediation, part 2
Seven ways counsel can test conviction before mediation so confidence remains useful when it meets a skeptical room.
In part 1 of this series, I described a familiar figure at the mediation table: a litigant, or sometimes a lawyer, who has moved from confidence to certitude. This is someone who no longer sees merely a strong case but rather sees no serious possibility of losing.
That shift matters because it is measurable. Empirical negotiation studies show that certitude can obstruct objective assessment of potentially advantageous resolutions. Add an identity-based grievance, and a client could...
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