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Why Mediation Fails and How to Fix It: A Strategic, Political, and Practical Approach to Case Resolution

2026-01-23 13:00:00

2026-01-23 13:00:00

2 Credits

Explores why mediations fail and provides strategic approaches for attorneys and mediators to improve settlement outcomes.

2026-01-23 13:00:00

Explores why mediations fail and provides strategic approaches for attorneys and mediators to improve settlement outcomes.

2026-01-23 13:00:00

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Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

Course Overview

Strategic Mediation Mastery for Legal Practitioners

Participants will learn to identify settlement roadblocks, select effective mediators, and navigate political dynamics underlying disputes. These skills enable attorneys to achieve better case resolutions while avoiding common mediation pitfalls.

Key topics that will be covered

What will you learn

Attorneys will learn why mediations fail, including political dynamics underlying disputes, optimal timing, mediator selection criteria, and techniques for navigating roadblocks to resolution.

What will you gain

Attorneys will gain practical strategies for improving settlement outcomes by understanding back stories, preparing clients, and using creative non-monetary terms effectively.

Timing
Learn when to mediate—not too early or too late—based on case type.
Mediator Selection
Choose mediators your opponent respects who have persistence and relevant familiarity.
Political Dynamics
Understand the back story, stakeholders, and real impediments beyond the legal issues.
Common Roadblocks
Identify barriers like counsel conflicts, unrealistic clients, and personal stakes in outcomes.
Risk Assessment
Mediators must help each side understand the risks of continued litigation.
Term Sheets
Avoid settlement failure by addressing collateral terms before resolving main issues.

What will you learn

Attorneys will learn why mediations fail, including political dynamics underlying disputes, optimal timing, mediator selection criteria, and techniques for navigating roadblocks to resolution.

What will you gain

Attorneys will gain practical strategies for improving settlement outcomes by understanding back stories, preparing clients, and using creative non-monetary terms effectively.

Agenda

Session 1

Understanding Where the Client Needs to End Up

Session 2

Identifying Cases Best Suited for Mediation Success

Session 3

Navigating the Politics That Govern Settlement Outcomes

Session 4

Determining the Optimal Time to Mediate

Session 5

Selecting the Right Mediator for Your Case

Break

Break

Session 6

Understanding Different Formats for Conducting Mediation

Session 7

Cutting Issues and Educating the Mediator Effectively

Session 8

Defining Roles of Counsel and Clients in Mediation

Session 9

Using Mediation as a Fact-Finding Learning Mechanism

Session 10

Mastering Mediation as a Complete Settlement Process

clock 1:00 pm - 1:12 pm EST

Understanding Where the Client Needs to End Up

Reuben Guttman

Guttman, Buschner & Brooks, PLLC

Jim Koford

Wurz Financial Service

This session explores the fundamental reasons parties enter mediation, from bridging communication gaps to validating resolutions. Participants will learn how to assess whether clients genuinely want to settle and how court-ordered mediation impacts party attitudes.

Reuben Guttman

Guttman, Buschner & Brooks, PLLC

Jim Koford

Wurz Financial Service

clock 1:12 pm - 1:24 pm EST

Identifying Cases Best Suited for Mediation Success

Reuben Guttman

Guttman, Buschner & Brooks, PLLC

Jim Koford

Wurz Financial Service

Learn which types of disputes are inherently difficult to settle due to emotional baggage, including fraud, discrimination, and family law matters. The session contrasts these with straightforward business disputes and insurance cases that tend toward easier resolution.

Reuben Guttman

Guttman, Buschner & Brooks, PLLC

Jim Koford

Wurz Financial Service

clock 1:24 pm - 1:36 pm EST

Navigating the Politics That Govern Settlement Outcomes

Reuben Guttman

Guttman, Buschner & Brooks, PLLC

Jim Koford

Wurz Financial Service

This session examines the critical back story behind disputes and the stakeholders who truly call the shots. Participants will identify common roadblocks including lawyers who won’t part with cases, clients drinking their own Kool-Aid, and decision-makers with personal stakes.

Reuben Guttman

Guttman, Buschner & Brooks, PLLC

Jim Koford

Wurz Financial Service

clock 1:36 pm - 1:48 pm EST

Determining the Optimal Time to Mediate

Reuben Guttman

Guttman, Buschner & Brooks, PLLC

Jim Koford

Wurz Financial Service

Timing is an art—cases can be mediated too soon or too late. This session explores strategic timing considerations from defense and plaintiff perspectives, with attention to case-specific factors like domestic disputes and complex litigation.

Reuben Guttman

Guttman, Buschner & Brooks, PLLC

Jim Koford

Wurz Financial Service

clock 1:48 pm - 2:00 pm EST

Selecting the Right Mediator for Your Case

Reuben Guttman

Guttman, Buschner & Brooks, PLLC

Jim Koford

Wurz Financial Service

Discover why your opponent’s respect for the mediator may matter more than your own preferences. Key selection criteria including persistence, subject matter familiarity, and the counterintuitive benefits of selecting mediators from the opposing practice area are examined.

Reuben Guttman

Guttman, Buschner & Brooks, PLLC

Jim Koford

Wurz Financial Service

clock 2:00 pm - 2:10 pm EST

Break

Reuben Guttman

Guttman, Buschner & Brooks, PLLC

Jim Koford

Wurz Financial Service

A short break to refresh before continuing with the remaining sessions on mediation formats, techniques, and settlement processes.

Reuben Guttman

Guttman, Buschner & Brooks, PLLC

Jim Koford

Wurz Financial Service

clock 2:10 pm - 2:22 pm EST

Understanding Different Formats for Conducting Mediation

Reuben Guttman

Guttman, Buschner & Brooks, PLLC

Jim Koford

Wurz Financial Service

Traditional joint opening statements have evolved as many mediators now avoid confrontational formats that impede resolution. This session covers alternative approaches including staggered arrivals, separate caucuses, and considerations for remote versus in-person mediation.

Reuben Guttman

Guttman, Buschner & Brooks, PLLC

Jim Koford

Wurz Financial Service

clock 2:22 pm - 2:34 pm EST

Cutting Issues and Educating the Mediator Effectively

Reuben Guttman

Guttman, Buschner & Brooks, PLLC

Jim Koford

Wurz Financial Service

Learn what critical information to provide mediators, emphasizing back stories over legal technicalities. Participants will discover how to present efficiently using chronologies and cheat sheets rather than overwhelming with exhaustive documentation.

Reuben Guttman

Guttman, Buschner & Brooks, PLLC

Jim Koford

Wurz Financial Service

clock 2:34 pm - 2:46 pm EST

Defining Roles of Counsel and Clients in Mediation

Reuben Guttman

Guttman, Buschner & Brooks, PLLC

Jim Koford

Wurz Financial Service

Mediation involves multiple concurrent negotiations between lawyers, clients, and insurers. This session addresses the bulldog lawyer problem and the importance of preparing clients for difficult conversations they will encounter during the process.

Reuben Guttman

Guttman, Buschner & Brooks, PLLC

Jim Koford

Wurz Financial Service

clock 2:46 pm - 2:58 pm EST

Using Mediation as a Fact-Finding Learning Mechanism

Reuben Guttman

Guttman, Buschner & Brooks, PLLC

Jim Koford

Wurz Financial Service

Beyond resolution, mediation serves as a mechanism to test facts, theories, and defenses. Learn how mediators can help educate clients about case weaknesses and conduct essential risk assessments that go beyond simply delivering numbers.

Reuben Guttman

Guttman, Buschner & Brooks, PLLC

Jim Koford

Wurz Financial Service

clock 2:58 pm - 3:10 pm EST

Mastering Mediation as a Complete Settlement Process

Reuben Guttman

Guttman, Buschner & Brooks, PLLC

Jim Koford

Wurz Financial Service

This session identifies the four critical pinch points where mediations fail and provides strategies for navigating each. Topics include describing resolutions creatively, leveraging non-monetary terms, and avoiding the dangerous term sheet stage pitfalls.

Reuben Guttman

Guttman, Buschner & Brooks, PLLC

Jim Koford

Wurz Financial Service

01 11
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speakers

Joe Ervin

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Kevin Foley

Reminger Co
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Grant H. Lawson

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Plans

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Price
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Price varies based
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Individual Purchase
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Price varies based
on the course duration
of 1 to 3+ hours
Access type Pay per
class
Number of Available Webinars 1
Number of New Webinars Added Yearly Limited
Earn "Live" CLE credit Included
Ability to Ask Questions During
the Presentation via a Chat Box
Included
Attend "Live" Re-Broadcasts Included
Exclusive Partner Webinars & Events
Special credits (Ethics, Elimination
of Bias, etc.)
Instant Certificates After Completion
Personalized CLE Platform
Live Conferences
Bootcamps

Why Attend

Why this 
program matters

Understanding mediation strategy is essential for legal practitioners because it directly impacts case resolution success, cost efficiency, client satisfaction, and avoidance of protracted litigation.
<1%
Of federal civil cases proceed to trial, with the vast majority resolving through settlement or alternative dispute resolution. (Duke Law Judicature – August 2025)
96%
Of employers who participated in EEOC mediation indicated they would use the program again, regardless of outcome. (U.S. Equal Employment Opportunity Commission)
80%
Mediation can reduce legal costs by 60% to 80% compared to traditional court litigation proceedings. (Georgia Center for Arbitration and Mediation)
91%
Employment dispute cases at AAA achieved a 91% settlement or withdrawal rate in 2024, with only 2% ending in award. (American Arbitration Association 2024 Infographics)

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