All posts by Marshall Schnapp

Make The Most Of Your Opening Statements At Mediation

Originally published in September 2022. Last updated October 2023. Often, counsel believes that openings at mediation are a “waste of time” that unnecessarily delay getting down to negotiating. Some lawyers believe they usually do more harm than good. I don’t agree. Although there may be certain cases or areas of law where opening statements are

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The Benefits Of A Mediator With A 360-Degree Perspective

A mediator with subject matter expertise, understanding, and experience in seeing how things play out at trial or in arbitration, can be a valuable asset when working to settle cases and move files forward. Informed, Knowledgeable and Experienced A key part of an effective mediator’s role is to help parties see the strengths, weaknesses, and

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Mediating Long-Term Disability (LTD) Claims

Long-Term Disability (LTD) matters can be complicated and contentious. As lawyers and insurance claims representatives know, dealing with complex medical and legal concepts at a time when an LTD applicant’s emotions are running high over the financial implications of debilitating illness or disability can sometimes make for a challenging time at the mediation table. But,

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Top Skills To Achieve Mediation Goals & Dealing With Challenging Parties

Customized Webinars For Your Organization Or Firm I offer custom webinars on a variety of topics, including Achieving the Best Result at Mediation, Excelling at Negotiations, and Mediation Memos & Openings. If you would be interested in having me host a webinar, please feel free to reach out. Blog Post: Three Skills To Achieve Mediation Goals There

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Essential Skill For Successful Mediations & Opening Offers

Blog Post: What’s Needed For A Successful Mediation? Perseverance! The third essential skill in my series is Perseverance. Click here to read more about how critical perseverance can be to a successful mediation. You can read my other blog posts on Mediation essential skills, Optimism and Empathy, by clicking on the links. Mediation Tip Of The Month Have an opening offer at

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How Is Empathy A Key Soft-Skill Needed In Mediation?

Blog Post: Empathy: The Second of Three Soft Skills Every Mediation Needs Empathy is a key soft skill for every productive mediation.  Click here to read my latest blog post highlighting this critical skill. Mediation Tip Of The Month Utilizing soft skills doesn’t necessarily make you soft, doing so actually has the opposite effect. In mediation, knowing when

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