Tariff disputes will likely increase as trade policy remains unpredictable. For attorneys advising clients caught in these situations, the question worth asking is whether the dispute is fundamentally about contract rights or about commercial viability. If the client's actual need is a workable path forward… a way to preserve a valuable supplier relationship or maintain access to a critical customer… mediation offers tools that litigation cannot.

Effective mediation begins with preparation. These resources help attorneys and clients prepare for mediation, write effective mediation briefs, and manage the day-of mediation session with clarity. Each guide offers practical strategies for negotiation planning, avoiding impasse, and moving disputes toward resolution. I often tailor these mediation tools for parties in complex commercial, employment, and insurance disputes to increase the chance of settlement.

Approaching mediation with a clear, thoughtful plan can help counsel and clients not only identify legal positions, but also uncover emotional stakes, settlement priorities, and potential roadblocks to the negotiation. This exercise, when conducted in advance, can lead to a more focused and productive mediation session.