By Susan Dinneen
Strauss Massey Dinneen

Most litigators believe they understand mediation. After all, we attend them regularly, prepare briefs, evaluate risk, and advise clients on settlement decisions. I recently attended Pepperdine’s Mediating the Litigated Case program, which makes one thing very clear: effective mediation requires a deeper and more disciplined skill set than most lawyers ever formally develop.

This 40-hour program, offered by Pepperdine University’s Straus Institute for Dispute Resolution, is designed specifically for experienced litigators. It does not focus on abstract theory or idealized negotiation models. Instead, it examines how real, litigated cases actually resolve — often under pressure, with imperfect information, entrenched positions, and emotionally invested parties.

The course explores both distributive and integrative bargaining strategies and, more importantly, when each approach is appropriate. Participants study how opening offers shape negotiation trajectories, how mediator timing can either accelerate or derail progress, and how structure and sequencing influence outcomes. A central theme is learning to identify and address underlying interests — not just stated positions — so that settlement discussions move beyond numbers and toward resolution.

Equally valuable is the focus on communication. The program devotes significant attention to reframing, validation, caucusing, and managing difficult conversations.

These tools are not about “being nice” or avoiding conflict. They are about maintaining credibility, controlling momentum, and helping decision-makers reassess risk in a way that feels fair and informed.

For litigators, this training fundamentally changes how you approach mediation.

Preparation becomes more intentional.

Strategy becomes more nuanced.
And the mediation itself becomes an opportunity to actively shape outcomes rather than simply react to them.

The result is a more effective advocate — and a more disciplined problem-solver — at the mediation table.

And the mediation itself becomes an opportunity to actively shape outcomes rather than simply react to them.

The result is a more effective advocate — and a more disciplined problem-solver — at the mediation table.