Expert Analysis

Why ‘splitting the difference’ is failing your employment law clients

By Stuart Rudner ( October 19, 2026, 11:02 AM EDT) -- Splitting the difference feels like the sensible way to settle a case. Each side moves, nobody loses face, and everyone leaves with a number that sounds reasonable. In my mediation practice, I see it constantly. Counsel on both sides stake out positions, trade offers over several rounds and land somewhere in the middle....