Michelle A. Reinglass ADR    

alternative dispute resolution / mediation

  • Home

  • The Firm

  • About

  • Cases

  • News

  • Testimonials

  • Contact

  • Community

  • Events

  • Blog

  • More...

    Mediation Tip: Preparation for the "valuation" discussions at mediation

    September 16, 2019

    New year .. Resolving Outstanding Disputes

    February 5, 2019

    Mediation Tip: How to turn a negative experience into a positive one - just need a little mind-shift

    October 23, 2018

    Wellness Tip: Don't colds suck?

    October 21, 2018

    Attitude of "Gratitude & Wellness" Tip

    October 7, 2018

    Combo Friday Attitude of Gratitude post, & Wellness / Balance Tip

    July 6, 2018

    Balance for life and work

    May 7, 2018

    A shared Northern Lights experience and the Power of Listening

    December 6, 2017

    Mediation Tip: Is litigation truly the best alternative ....?

    April 7, 2016

    Mediation Tip: It's a new year, time for new beginnings

    January 6, 2016

    Please reload

    Recent Posts

    How to turn a negative experience into a positive one- just need a little mind-shift

    Mediation Tip: How to turn a negative experience into a positive one - just need a little mind-shift

    October 23, 2018

    “Mediation is the process of facilitating a difficult conversation between two or more people.  So there are many lessons” ... Aled Davies


    Pointers fr...

    Video Recommendation: “Plotting the Roadmap to your difficult conversation”

    June 3, 2013

    2019 has started with a loud bang! January is already over, but the year is still young- meaning, we have 11 more months of the year to reduce our str...

    New year .. Resolving Outstanding Disputes

    February 5, 2019

    1/8
    Please reload

    Featured Posts
    Mediation Tips

    Mediation tip: Giving a demand before mediation

    February 10, 2013

    |

    Michelle Reinglass ADR

    Fear drives many actions and inactions in a mediation. For example, sometimes defendants request an opening demand from plaintiff before going into mediation. The plaintiff's fear is that upon giving the demand, the defendant will decide to forego mediation. That is 1 possibility, but another one, in fact the one I more commonly see, is that an advance demand may help the defense prepare their client or carrier for obtaining sufficient authority. Not surprisingly, plaintiff and defense counsel usually see and value their cases differently from one another. Both sides may think they "understand" the other side's case, yet, savvy or experienced lawyers know first, that a plaintiff needs to "inflate" their demand to allow room for negotiation; also that by digging into the case at mediation, amid the sea of facts and arguments, the parties often learn things they could not envision. So long as everyone is committed to giving settlement efforts a good faith try, both sides may benefit from an advance demand, or at least a range. Sometimes in the right case, I will ask all parties to simultaneously give an opening number in advance of mediation. This requires work ahead of time with all sides, but it is beneficial in getting everyone past the initial "insult" phase, building trust in each other, or helping a party new to mediation to get used to the idea that what they expect to achieve will take time and patience. If the feared outcome does occur, e.g. the demand causes the mediation to not go forward, then it likely saved everyone wasted time and money.

     

    Share on Facebook
    Share on Twitter
    Please reload

    Follow Us

    Attitude of Gratitude

    Book

    Mediation Tip

    Video

    Wellness Tip

    Wellness/Balance

    arbitration

    law suit

    litigation

    mediation

    negotiation

    Please reload

    Search By Tags

    September 2019 (1)

    February 2019 (1)

    October 2018 (3)

    July 2018 (1)

    May 2018 (1)

    December 2017 (1)

    April 2016 (1)

    January 2016 (1)

    August 2015 (1)

    May 2015 (2)

    April 2015 (1)

    March 2015 (1)

    February 2015 (2)

    December 2014 (1)

    November 2014 (1)

    September 2014 (2)