Tip from the Trenches -- 
Identify the underlying emotional hot button issues of your client and work to get them addressed during the mediation.
Most often, the drivers of conflict, or barriers to settlement, are the parties' underlying emotional interests. Work with your client and the mediator to identify these hot button issues and find a way to validate, diffuse or otherwise address these interests. Ideally, the mediator will work with the other side to relay a message or, better yet, a tangible component of a settlement offer to specifically address the emotional interests of your client.
The time and energy spent going below the surface of factual and legal contentions is well worth the effort. This
technique often serves as a pivotal point in negotiations and paves the
way to lasting resolution and full settlement. I've seen this turning point occur so often in my mediations that I consider it the key to successful resolution.
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Recent Articles
Negative emotions can impede good negotiation, especially good
interest-based negotiation. Positive emotions can foster good negotiation. This
article integrates Fisher and Shapiro's "Core Concerns System" with
the Leonard Riskin's ideas about mindfulness in mediation. Emotions in Negotiation
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