When I attended mediation as a client—often with significant settlement authority—what I appreciated most about the process was having my views of the case tested by the mediator.

This would often occur late in the day, after I deployed my negotiating strategy and its limits became apparent. At this point, the best mediators would interject a few well-placed questions or comments that helped me think a little differently about where we currently were and what might be possible. Whether or not I settled, I always appreciated those moments. In essence, what I was responding to was a technique I call “advanced testing.”

What is it and how can lawyers and clients get the most value out of it?

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