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
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
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
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
Most clients have an emotional stake in their lawsuits. They want to have their day in court – to have their stories told at a
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Bankruptcy Mediation is a treatise published by the American Bankruptcy Institute