In a mediation there can come a time when the parties seem unable to come up with new and untried options. This is a good time to try to brainstorm. We have rules for everything, and brainstorming is no exception. Brainstorming can be effective, and there is no need to take up too much time in this process. Rapid Ideation in brainstorming allows for a large number of ideas in a short amount of time. For Rapid Ideation, the parties need to be confident in pushing snap judgment or perceived deterrents into the background. Just let creative thought and impulsive ideas flow freely. If nothing else, the approach will assure the parties that options do exist and, more significantly, they are capable of creating such options.
Mediate don’t litigate.
Martin Rosenfeld, JD