Settlement requires compromise. The mediator must have everyone’s trust to facilitate the process of each participant letting go of something they viewed as crucial. Here are three measures to use when choosing your mediator. Motive Does the mediator have any motive other than bringing the parties to resolution? Does anything in the way this mediator […]
As the attorneys and adjuster hammered out the settlement agreement in the main conference room, I passed the smaller room and saw the plaintiff weeping. I’ve also seen some very angry defendants. I have had to take steps to assure that parties didn’t feel ramrodded into settlement. These are extreme examples of a situation which […]
For decades, I have encouraged parties to evaluate early and often with a view to closing cases to minimize the expenditure of time, money, and stress. So I was recently surprised by the published contrary view of a litigation management expert. “Litigation Is Not Like Wine” Litigation is not like wine—it doesn’t get better with […]
Intuition is the brain function that lets you jump from one piece of information to another. It’s why you may get your best case management ideas in the shower or even in a dream. It’s why you have that gnawing feeling that something is not quite fitting together the way it should to make sense. […]
The real goal of case management is to economically conclude the case with the best outcome you could realistically expect. Yet, litigators spend a lot of time spinning their wheels on activities that don’t yield significant progress toward that goal. Look at Your Process Chances are you follow a protocol. That’s how you were taught […]
Parties are often surprised by how long it takes to resolve claims. It doesn’t have to be this way. While some causes are beyond participants’ control, parties can proactively take control of the claim to hasten resolution. The Groundhog Effect Groundhogs can dig long tunnels without coming up to see where they are. Unfortunately, a […]
I recently read Magic Words: What To Say to Get Your Way by Johan Berger. The book does not specifically target legal disputes. Here are some suggestions based on my interpretation of some of his conclusions. “You’re a Problem Solver” Berger says using a verb to urge someone to do something is not as effective […]
Before you engage in any negotiation, you need to prepare by understanding the issues both from your point of view and your opponent’s. It’s not enough to have a general idea. You need to spend some time on this and record how you will address these issues. Too many negotiators forget to pay attention to […]
A big interest of mine is art theft and art forgery. Experts estimate that at least 20-50% of the art in the world’s major art museums and on the commercial art market is fake. How could this be? The Value of Evidence Three types of evidence support or debunk the authenticity of art: -Forensics: scientific […]
All the necessary parties had gathered for an in-person mediation. But one side said we could not proceed. “I have just been presented with an expert’s report I have never seen before. I have to depose this expert and probably get my own expert. Then opposing counsel will want to depose my expert. We can’t […]