RESOURCES

By Raymond L. Niblock Introduction Every mediator eventually encounters a case that ends abruptly. When that happens early—before offers are exchanged or meaningfully considered—it can feel unsettling for everyone involved. Lawyers may view the decision as irrational. Parties may experience it as morally necessary. Some mediator’s may view it as a failure on their part. From this mediator’s perspective, however, these moments often reflect something more fundamental: a tempor

Breaking Through an Impasse: How Skilled Mediation Turned a Deadlocked Construction Dispute Into a Bittersweet but Wise Resolution By Raymond L. Niblock When two parties reach an impasse, progress can feel impossible. An impasse — a point at which negotiations stall and neither side is willing to move — often leads to escalating frustration, hardened positions, and the growing belief that litigation is inevitable. Egos are engaged at full tilt. Yet a deadlock does not have to

Some Cases Need to Be Tried… By Raymond L. Niblock I was raised in the courtroom. My father was a trial lawyer, and from an early age, I understood that trials were where real advocacy lived. When I came up in the profession, the prevailing wisdom among trial lawyers was simple: “Get your client, your witnesses, and bring your satchel to court.” Raymond L. Niblock during the State v. Anderson death-penalty trial in Washington County (photo by Northwest Arkansas Democrat-Gazet

Why Civil Mediation Settles So Many Cases — and What That Means for You By Raymond L. Niblock In the realm of civil litigation— encompassing torts, personal injury, and commercial disputes—one of the most compelling features of mediation is its strong record of achieving settlements . Many lawyers, mediators, and judges quote a figure of roughly 85 percent  of cases submitted to mediation ending in resolution. But how reliable is that number? What does the evidence actually s

By Raymond L. Niblock Not every case can be settled; some must be tried in court, and that is simply a fact of life. However, most cases can—and should—be settled. Even the most experienced trial lawyers will admit this when they’re honest. Every case presents its own set of problems, challenges, and complications. When settlement is possible, especially through mediation, it provides an opportunity to address the issues in the case and reach a resolution that takes into acco

Mediation in a nut-shell.