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
After you have submitted your mediation statement, if you don’t receive a timely call from the mediator, call to make sure the mediator understands your
The parties normally have an emotional reaction to the litigation. Their view of the dispute is visceral, not rational: “They done us wrong!” This point
The starting positions of parties at a mediation are vastly different and conflicting. The mediator’s role is to narrow the differences to the point where
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Bankruptcy Mediation is a treatise published by the American Bankruptcy Institute
