Creative Solutions: The Real Art of Mediation

Courtrooms have rules. Mediation has possibilities. One of the things I like most about my work as a mediator is helping lawyers break out of the black-and-white, win-lose world of litigation and explore client-specific resolutions. The point is this: when you treat mediation as an opportunity for creative problem-solving—not just a legal contest—your clients can benefit.

The law may define the starting point, but it doesn’t have to define the ending. Some of the most satisfying resolutions I’ve seen were shaped by the parties themselves—and couldn’t have been ordered by a judge. Think about what your client truly needs, not just what they’re entitled to.

Use the mediation process to test ideas. Float a concept first through the mediator to gauge its receptivity. Consider edits to ensure that the other side can, at the very least, hear what you have to say. Reframe a concession as a trade-off. Package a settlement in a way that preserves dignity. Mediation is flexible—use that to your client’s advantage.

When attorneys embrace creativity in mediation, they often unlock paths to resolution that no one saw coming. That’s when the process does more than settle a case—it solves a problem.

These essays are part of my newsletter series, offering real-world insights into how attorneys can elevate their practice and improve outcomes in mediation.