Is Their Final Offer Really Final?
Often late in the day a party will give the mediator an offer, concluding with the words, “And tell them this is our final offer!” But is
In Negotiating a Money Settlement Plaintiffs and Defendants Come to the Table from Two Different Places
In negotiating a money settlement plaintiffs and defendants come to the table from two different places. Plaintiffs’ concessions are largely speculative. Plaintiffs are giving up
The Value You Put on Your Case Is Only an Inexact Guideline to Help You Negotiate.
The value you put on your case is at best your prediction of the result if the case were tried. That prediction is influenced by
Determine What Your Client Needs to Settle the Case.
Your clients will tell you what they want, but to succeed at a mediation or in any negotiation you need to know what your clients
Video Mediations Are Here to Stay
Since early in 2020, I have been conducting all my mediations by online video and obtaining good results. Even when conditions return to normal, I
Mediate When Your Case Is Ripe for Settlement
To achieve cost efficiency, lawyers will sometimes seek a mediated settlement at the inception of a case. But before discovery all the lawyers know about