In a recent mediation, I was familiar with the negotiation styles of both attorneys because I had mediated with both previously. From the outset, plaintiff’s counsel indicated what he believed his client’s “final number” would be in settlement. As a mediator, I find it helpful to know the dollar amount for which the parties would like to settle. The question always becomes whether the parties will end up settling for their desired number.
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In a recent mediation, the parties were only days away from a bench trial and remained hopelessly apart. Plaintiffs were holding on to their high seven-figure settlement demand. Plaintiff’s counsel knew that his clients did not have a case and asked for my help to bring his clients “back to reality.” Plaintiffs were asserting a misappropriation of a trade secret claim, yet, as a matter of law, the plaintiffs did not have a legally protected trade secret. I started the mediation with that fact and with the goal (set by counsel to both parties) of getting the parties to agree to a walk away.
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