We’re all familiar with the symbol: Lady Justice carrying the balance scales. She holds a sword and sometimes is blindfolded to show a lack of prejudice. In most depictions the scales are balanced. She has righted the scale to dispense justice. But sometimes the scales are uneven. What Is Being Weighed? Perhaps the most common […]
You know the case should settle. Why won’t the other side agree to your offer? Here are some tips for creating the perfect offer. I’m going to refer to both offers and demands as offers to settle in this article. WHEN As long as you’ve done your homework, there’s no bad time to make an […]
Civil litigators tend to observe certain guideposts as mediation triggers, such as the closing of discovery, setting of a trial date, or an order from the court to use mediation. Because about 95% of civil cases settle before trial, mediation is the norm for almost every area of civil litigation. In contrast, many California workers […]
You undoubtedly studied the scientific method in school. You may have even applied it to sophisticated experimentation. Think about how to use that approach for case evaluation and resolution now Going Through The Steps The scientific method can be defined in as few as four steps or as many as ten, but let’s think about […]
The claimant was in his 30s and paralyzed from the chest down. No bowel or bladder control and no genital-to-genital sex. The settlement was seven figures. Throughout the years since the accident, his wife had devotedly cared for him and acted as his champion. Only One Person Perceived The Vibe In The Room The claimant’s […]
Puffing refers to exaggeration, opinions, and representations about future actions.
The speaker stated that as facts emerged in mediation, we would be able on the spot to turn to Artificial Intelligence for a case evaluation.
Uh, no.
One way the mediator helps parties reach settlement is to avoid the influence of implicit biases on the negotiation.
Settling allows a flexibility in the terms of resolution that cannot be achieved in litigation. A willingness of any party to consider such terms can help get parties to settlement quicker.
Prices keep going up for just about every component of expense, including housing, groceries, and medical care. The figure at which your claim will settle is also subject to inflationary pressure. Medical expenses and wages are significant factors in settlement value calculations. Medical Expense The June 2023 issue of Business Insurance included an article about […]