Editor’s note: The number of arbitrations and mediations have increased steadily in recent years as the price of litigation has gone up. Robert Smith recounts his experiences around the world as a mediator, with tips for neutrals as well as attorneys involved in alternative dispute resolution.

Flipping the Easel

We had spent a frustrating day and evening trying to end a dispute that had morphed into a lawsuit in Silicon Valley. Unusually, everyone, including me, voted to continue the next day.