Category Archives: Strategic risk management

Counterintuitive Strategies in Mediation

By Richard Shore

In an article just published in the Forbes Leadership Forum, I outline four counterintuitive strategies that harness the strengths of mediation rather than treating it as litigation light:

1.  Let the other side pick the mediator – agreeing to a mediator the other side likes can work in your favor, and save time and money to boot.

2.  Don’t argue about who is right – exchange views on the merits, but don’t let substantive disagreements hijack the process; remember that your goal in mediating is to reach a favorable settlement, not to win an argument.

3.  Leave the litigators at home – many litigators are good at settlement, but settlement calls for a different skill set and mindset than litigation; a separate settlement track allows you to use a diplomat to negotiate peace while the generals continue to fight the war.

4.  Deal with hard issues last – lock in a deal on a key term, usually money, and build the rest of the agreement on that foundation; even hard issues tend to fall into place once the parties believe they have a deal.

 Read the article here:


Miriam Smolen Joins Gilbert LLP

It is appropriate that on the day we launch our new blog, we announce with great pleasure that Miriam Smolen, most recently Associate General Counsel at Fannie Mae and former Assistant U.S. Attorney for the District of Columbia, has joined Gilbert LLP as partner.  Miriam will specialize in strategic risk  management and complex insurance coverage litigation, with particular emphasis on directors & officers liability, professional services liability, and financial services, housing and corporate compliance issues.

With the addition of Miriam to the firm, we continue to broaden and strengthen our core insurance litigation practice.  We are a unique law firm, specializing in strategic risk management and insurance recovery.  Miriam’s extensive experience and knowledge will be a great asset to the firm and to our clients.  We are extremely pleased that she is joining the Gilbert team.

You can reach Miriam directly at or 202-772-2255.