Category: Mediation Tips

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 at best your prediction of the result if the case were tried. That prediction is influenced by

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

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

Most courts require mediation before a case may go to trial, and there is a far greater likelihood that a case will be settled at

Meet with your client before a mediation to prepare a case valuation analysis to determine what concessions your client should be willing to make to

When valuing their case, lawyers too often omit significant factors. Some will simply adopt a value equal to their best day in court. Others will

Your case valuation analysis tells you only the extent of the monetary and other concessions your client is prepared to make. You also need a

In several breach of contract cases I have mediated lawyers have managed to overlook clear contractual language that should have been case dispositive for their