A well-regarded plaintiff personal injury attorney asked me why he was having trouble settling cases at mediation. Although my experience in mediation is that the cases are settling, discussions with others suggest there are...more
A previous post on this topic listed several actions by parties and counsel that can derail even the most straightforward mediation. This post continues that list.
Allowing someone with a separate agenda to influence...more
Much has been written advising of various tips to make mediations work. Let’s address ways folks are making sure their mediations fail! Here are a few:
Mediating too early: Early stage mediation is a very effective...more
Developmental negotiation involves a plan and execution of the development of all five stages to maximize the likelihood of a beneficial outcome. The five stages are preliminary, preparation, information, negotiation and...more
When you’re gearing up for a negotiation, it’s natural to want to focus solely on your client’s interests. After all, it’s what they pay you to do!
But by doing so, you may actually work against your client’s best...more
Mediating personal injury disputes is an art, not a science. At the core of a personal injury claim is an injured – or deceased – party, with loved ones and family members who are intimately involved in the case. All of these...more