Often late in the day a party will give the mediator an offer, concluding with the words, “And tell them this is our final offer!” But is
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
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
Recent Articles
Practice Areas
Bankruptcy Mediation is a treatise published by the American Bankruptcy Institute
