March 15, 2012

It is important for the parties to be heard at mediation. However, giving everyone a joint forum to "air out" their feelings often polarizes & heightens emotions. Mediation can still serve as a place for the parties to express their feelings to the mediator, who can (a...

February 16, 2012

The power of an apology. I know what you're thinking –
(plaintiff): the apology will be insincere & defense just expects it to reduce the demand.
(defendant): they will look bad and if it doesn't settle, will have harmed their position.
Twice in the past 2 months, apol...

January 13, 2012

I handle many "early" mediations. They often settle, but have challenges, specifically the lack of sufficient information about the other side's case, & insufficient "litigation pain"inflicted. To improve chances of settlement, it helps to take that risk and share info...

January 3, 2012

As you prepare for a mediation, also prepare your client for the mediation process. It can help to share with your mediator any challenges you may have with your client, enlist the mediator's help. Doing so does not weaken your position, but does allow the mediator the...

December 29, 2011

Keep in mind an end-goal of your opposing counsel being your ally in the other room at mediation...Establishing a good and cooperative relationship with your opponent during litigation, helps later on when seeking resolution. The converse is true also.


December 15, 2011

While it is necessary to include sufficient space with which to move your numbers, when the other side recognizes the reasonableness of your starting number, and/or your moves, it often triggers "reciprocity" -if not dollar for dollar, at least proportionally.

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The "Holiday Season" (from Thanksgiving to New Years), can be one of the most joyful times of the year. Many people look forward to this time, envisio...

Wellness Tip: Keeping your balance during the holidays

December 19, 2019

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