How Does the Other Side See Your Case?
To settle your case at a mediation, it is not enough to look only at what your client wants. To find common ground you should
To Establish Uncollectibility Provide Supporting Documents
A defendant may assert at a mediation that it lacks sufficient assets to satisfy a judgment and is therefore uncollectible. Such a claim, if valid,
Don’t Fall in Love with Your Valuation of Your Case
Don’t you — and don’t let your client — fall in love with your pre-mediation valuation of your case. Research comparing results at trial with
Don’t Be Impatient
Mediation is a process, a dance. Attempts to streamline the process, such as by eliminating joint opening sessions or opening statements, or by attempting to
Don’t Make Your Best Offer Your First Offer
Don’t make your best offer your first offer. Even if it truly is your best offer, it is all but impossible to convince an adverse
Bargaining at a Mediation Is Rarely Symmetrical
Bargaining at a mediation is rarely symmetrical. The concessions the parties make to one another in any round of bargaining or overall are often unequal.
