At a recent panel on civil and family law mediation, Attorney Megan Daic joined Mediator Joy Marlin to discuss how attorneys can better prepare for, and navigate, mediation. The conversation focused on a growing shift in dispute resolution: moving away from rigid, litigation-style tactics and toward more thoughtful, human-centered strategies that prioritize preparation, communication, and flexibility.
Here’s a quick recap of the key insights shared during the discussion.
Preparation Starts Before the Room
One of the biggest takeaways was the importance of pre-mediation preparation. Joy Marlin emphasized that attorneys should act as coaches, helping clients understand their Best Alternative to a Negotiated Agreement (BATNA) and Worst Alternative (WATNA) before mediation begins. Without establishing the best and worst possible outcomes, clients often struggle to make informed decisions in the moment.
Megan Daic built on this, noting that many attorneys come to mediation without attempting informal negotiations first. This often leads to sessions that feel more like extended discovery than an attempt at true resolution. To improve outcomes, she highlighted the value of:
- Assessing prior negotiation efforts
- Understanding where the case stands procedurally
- Conducting pre-mediation calls to identify key “pain points”
These steps help ensure that mediation begins with direction and purpose.
Curiosity Over Confrontation
When negotiations stall, the human instinct is often to push harder. But both panelists emphasized a different approach: genuine curiosity. By asking why a particular outcome matters to a party, attorneys and mediators can uncover underlying motivations. These are often emotional, financial, or practical.
This shift allows for more productive conversations and opens the door to solutions that may not be obvious when focusing only on the position of each party.
Rethinking the Role of the Mediator
The panel also explored the balance between facilitative and evaluative mediation. Some parties prefer mediators who offer strong opinions on the merits of a case. However, as Megan Daic noted, this approach can sometimes limit creativity.
When mediation mirrors the courtroom, opportunities for flexible, interest-based solutions are often lost. Instead, both panelists emphasized the importance of maintaining party agency and encouraging open dialogue.
Managing Risk and Finalizing Agreements
Another key topic was what Joy Marlin described as the “rubber band effect”, which occurs when parties agree during mediation but later reconsider after outside input. To minimize this risk, the panel stressed the importance of clearly documenting and finalizing agreements before the session concludes.
From Insight to Practice
Megan Daic’s work as an attorney and mediator reflects many of the themes discussed during the panel. It is also reflected in the new app she created called Empathic Edge. Empathic Edge is a platform designed to help individuals practice real-world conversations before they happen. By combining AI-guided simulations with principles of empathy and negotiation skills training, Empathic Edge gives users a way to build confidence and communication skills through experience, not just theory.
Final Thoughts
Successful mediation isn’t just about strategy. It’s also about preparation, perspective, and how we communicate. By approaching mediation with curiosity, clarity, and a focus on understanding, attorneys can create better outcomes for their clients, and more effective resolutions overall.
