Many mediation statements lack information essential to the Mediator’s understanding of the case. An effective statement will be submitted on time and will include: 1)
Mediation is mandatory in our trial courts and settles a substantial majority of cases – less than 2% are resolved by an actual trial. Mediation
A defendant at a mediation will often lack the ability to make a lump sum payment sufficient for plaintiff to agree to a settlement, so
Your client is the ultimate decision maker at the mediation and needs to be well prepared in advance to fulfil this role. You have an
Often at mediation a defendant asserts the so-called “uncollectibility defense”, i.e., a lack of non-exempt assets sufficient to satisfy a money judgment, which, if true,
Don’t open with your best offer. Even if it really is your best offer, it is all but impossible to convince an adverse party that
Unlike trial courts, which operate under elaborate procedural rules, mediation has no formal procedural requirements – just a few customary procedures, e.g., joint opening sessions,
Parties usually begin positional money bargaining from extreme positions known as anchors to show confidence in their cases and to manipulate the midpoint of the
A timely link or bracket move, e.g., “We’ll increase our offer to $X, if you reduce your demand to $Y,” is a potent negotiating tool
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Bankruptcy Mediation is a treatise published by the American Bankruptcy Institute
