Back to Basics in 2026

In this age of AI and virtual attendance, it might be time to reflect on what works and has been working for our 3000-plus year-old profession of peacemaking. Despite the advances in tools we utilize, human nature remains unchanged and getting people to a deal is fundamentally the same. Likewise, even with all the platforms to enhance our marketability as mediators, the choice is still made by those who engage us based on trustworthiness and word of mouth. You are only as good as your last mediation some say. Working a case as a neutral is no different in our digital world when it comes down to the basics. Understanding the nub of a dispute is key and recognizing the usual cast of characters to gain rapport with them and get to the signed settlement agreement is paramount in any negotiation, whether virtual or in person. Mediators have more information available to them in this day and age, but that gut feeling from experience and the ability to stay versatile cannot be substituted with artificial intelligence. Parties also have more data than ever, but are seemingly providing less information on the way into a conference than they once did. Having to dig through a docket as a neutral to gain an understanding of the underlying case is fine, but we would still appreciate learning the parties’ positions identifying any overlap in interests from briefs or summaries which might be of better use if exchanged in advance. Saving things for trial went away long ago because there really are so few trials that if a party has a smoking gun, etc., they need to leverage it during the settlement negotiation. Confidentiality that mediation affords must be used to share information for properly evaluating cases in advance of the actual day so that proper authority can be obtained without last minute surprises. Most cases turn on risk tolerance and what a party is willing to do instead of going to court. The courts are where they lose control over the outcome. So even with the overlay of practice going into 2026 and all the coming tech glory, the essentials of getting to resolution endure.