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Settle and Sue – Don’t Let It Happen To You

As the attorneys and adjuster hammered out the settlement agreement…
August 24, 2025/by Teddy Snyder

Has the Philosophy of Litigation Management Changed?

For decades, I have encouraged parties to evaluate early and…
August 24, 2025/by Teddy Snyder

Pay Attention to Your Gut Feeling

Intuition is the brain function that lets you jump…
August 24, 2025/by Teddy Snyder

Examine Your Process to Settle Cases Faster

The real goal of case management is to economically conclude…
August 24, 2025/by Teddy Snyder

New Law Opens Narrow Window For Increased Survivor Damages

March 31, 2022/by Teddy Snyder

We are all aware that COVID restrictions disrupted the ability of civil litigants to get a speedy trial. In some cases, the plaintiff died waiting for trial. Though the action survived, upon the death of the plaintiff, non-economic damages were no longer recoverable. The California legislature addressed this issue by amending California Code of Civil […]

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What is the Truth?

March 31, 2022/by Teddy Snyder

Many lawyers and claims professionals say that the litigation process is a search for truth. They will swear allegiance to a jury’s ability to ferret out the truth from conflicting evidence. And yet, more than 90% of all cases settle. The truth can be more slippery than you think. Individual Lens Each of us receives […]

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New Restrictions on Confidentiality in Settlement Agreements

March 31, 2022/by Teddy Snyder

Effective January 1, 2022, amended California Code of Civil Procedure §1001 expands restrictions on confidentiality clauses in settlement agreements. Previous law barred such clauses in agreements settling filed civil or administrative actions alleging sexual assault or sexual harassment. Only the identity of the claimant and the amount of the settlement could be protected. The new […]

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3 REASONS HONEST WITNESSES TELL FALSE STORIES

February 28, 2022/by Teddy Snyder

Many cases turn on the recollection of “percipient” or “occurrence” witnesses. These are people who used their senses to see or hear relevant evidence. Less commonly, they might have smelled, touched,   or tasted something. Percipient witnesses contrast with expert witnesses, who are usually engaged in anticipation of or during litigation. Expert witnesses rely on evidence […]

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50 SHADES OF NEGOTIATION GREY

February 28, 2022/by Teddy Snyder

No, this post doesn’t qualify as erotica. It’s about the ability to see nuance. Most cases are not black-and-white, no-doubt-about-it, situations. Rather, there are shades of grey. If this were an open-and-shut case, chances are that claim would not be in dispute. It’s Part of Empathy Being able to see all the facets of an […]

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SETTLEMENT AND THE BOTTOM LINE

February 28, 2022/by Teddy Snyder

The offer on the table was a good one, but the attorney thought there was hope for something better. Then I took the attorney through the “what if’s.” Expenses Matter How much will it cost to bring this case to trial? What about experts’ fees? I asked the attorney to create two financial statements, one […]

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SIBLING HATE

February 28, 2022/by Teddy Snyder

A Minnesota appellate case shows how damaging intra-family business disputes can be. The four Lund siblings had inherited equal shares of a trust holding a chain of grocery stores. The oldest sibling sued to force a buy-out of her shares on the ground that she had a reasonable expectation of financial independence and liquidity. She […]

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ONE THING LIARS ARE REALLY GOOD AT

February 28, 2022/by Teddy Snyder

While not every liar is really good at lying, many are. In fact, they are so good, that the trier of fact—be that jury or judge—often find them to be credible, more credible than your evidence. Humans are actually poor judges of each other’s honesty. While we think we can look someone in the eye […]

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Recent Posts

  • Do You Trust Your Mediator? 3 Ways To Judge
  • Settle and Sue – Don’t Let It Happen To You
  • Has the Philosophy of Litigation Management Changed?
  • Pay Attention to Your Gut Feeling
  • Examine Your Process to Settle Cases Faster

Recent Comments

  • Innumeracy Strikes Again — and Again | Get to the Point! on How Did You Get To That Number?
  • New Rules Of Professional Conduct For California Lawyers | WCMediator | Teddy Snyder on Settlement Ethics
  • You Have To Play To Win | WCMediator Teddy Snyder on How Did You Get To That Number?

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