In the summer of 1997, Eric R. Galton published a playful article

musing on the role of food in the mediation process.1 He admitted that

his firm’s food was notoriously bad: “I . . . noticed that many of my

cases resolve before lunch. I now understand why.”2 Recognizing that

his unpalatable menu required some modification, Galton crafted a

list of foods that he hoped would improve the odds of resolution.

From “The Big Ego Lawyer Deluxe” (“destined to bring even the

haughtiest counsel to his knees”3) to the “The Unrealistic

Expectations ‘Unhappy Meal’” (telling parties to “Get a grip!”4), the

suggestions provided culinary complements to the challenges

mediators encounter when guiding parties through dispute resolution.

Despite the satirical nature of Galton’s commentary, the article

highlights an important and often overlooked piece of the mediation

process—food. Professor James R. Coben of Hamline University Law

School recognized a divide in the mediation community regarding

this provision at a Minnesota State Bar Association continuing

education event: “I was stunned by the high percentage of mediators

who answered ‘yes’ when asked if strongly encouraging parties to

skip lunch (to keep the pressure on) was a good tactic.”5 Unlike the

attendees who expressed support for this strategic technique,

Professor Coben questioned the ethical implications of this “not . . .
so benign mediator manipulation.”6 In a subsequent article, he and a