Direct Your Opening Statement to the Opposing Client Representative
A mediation is not a chambers conference, and the mediator sitting at the head of the table is not a judge. Yet many experienced litigators turn
An Apology Can Be an Effective and Cost-Free Step Towards a Settlement
Sometimes an apology offered at a mediation by a party or its counsel can give emotional satisfaction to the party receiving it, making it easier
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
