The Art of the Subro Deal: A Mediator’s Perspective

Ashton Kirsch sits down with mediator and negotiation professor Lee Mendelson for a practical, subrogation-focused conversation on what actually moves cases to resolution. Lee shares how he transitioned from running a long-time subrogation practice to mediating full-time nationwide, and why subject-matter expertise matters when selecting a mediator—especially in technical and insurance-driven disputes.

They break down how strong negotiators prepare (and why most don’t), including BATNA/walkaway points, anchoring, objective criteria, and the difference between positional bargaining and interest-based problem solving. The discussion also tackles real-world mediation strategy: when early (pre-suit or early-suit) mediations make sense, what to include in mediation submissions (and what to keep confidential), how to handle difficult client/insured dynamics, and how Zoom mediations have changed participation and decision-maker access. The episode closes with actionable tips for adjusters and attorneys who want better outcomes, fewer stalemates, and a more disciplined approach to negotiation.