It sometimes happens that, despite the best efforts of all participants, negotiations grind to a stubborn halt and disappointment sets in. Before packing your bags, ask yourself these five questions. Your answer might be just...more
Wouldn’t it be great if at your next mediation your client left satisfied, you felt valued and the case settled at its best number? Here are five tools lawyers can use to set up such an outcome:
1. Bring everything you...more
Lawyers wonder, what’s the point of writing a good brief when it seems that judges barely skim them? Judges grumble that briefs are notoriously dense and barely readable. And yet an informative and concise brief is the...more
Inside courts today, it's budget, budget, budget. Judges are asked to do a lot more with a lot less. Commissioners, court reporters, bailiffs, research attorneys and administrative support are a fond and distant memory....more
Your mediation is months away. Is there anything you can do today to create success on your big day? Here are three sure-fire winners.
1. Develop an elevator pitch. In 30 seconds, summarize the essential and persuasive...more
Sophisticated ADR users increasingly instruct their neutral to skip the joint session and get down to business. They have grown weary of listening to tiresome opening statements and wary of encountering angry outbursts. Yet...more