Mediation – Running Out of Authority Does Not Prevent Settlement
I recently mediated a case that was making steady progress—though the parties remained far apart, each move brought them closer. Three hours in, the defendant claimed it was running out of authority and suggested pausing until more could be secured. ... Read More
Mediation – Know When to Show ‘em: The Art of Timing
Whether a case settles at mediation is often about timing. A case will never settle if a party never elects to show his or her hand. It is also the case that revealing a “drop dead” number too soon may frustrate efforts to settle. Read More
Mediation – Tell Me More
Mediation is all about the sharing of information. Each offer and counteroffer provide more information to the other side about the prospects of reaching an agreement. In a recent case, the parties were hopelessly apart. The plaintiff had sustained s... Read More
Mediation – I Get by With a Little Help from My Friends
Even the best mediator needs help from counsel to resolve a case. The attorneys who I mediate with are my best resource. I will always convene a Pre-Mediation call so I can obtain counsels’ insights into the case and the parties. I encourage this ope... Read More
Mediation – Do Bargaining Approaches Really Matter?
I recently mediated a large personal injury case in which the plaintiff sustained severe injuries. As is often the case, the parties started the mediation far apart. I told the parties that negotiations are often reciprocal with large settlement move... Read More
Mediation – What Goes into a Good Mediator’s Proposal?
I am personally not a huge fan of mediator’s proposal. I prefer for the parties, with guidance, to reach agreement on their own. Sometimes, this is not possible and the only way to resolve the dispute is for the mediator to step in and recommend the ... Read More
Mediation – Stick to Your Primary Objective
I recently mediated a pre-litigation dispute regarding termination of a service agreement. The terminating party contended that it owed less money than the service provider was seeking upon termination. In my pre-mediation communication with the serv... Read More
Mediation – Do Not Give Up Too Soon
In a recent real estate mediation, the parties were extremely far apart in settlement. Plaintiff had an opening settlement demand in the range of seven figures while defendants’ insurance carrier had the case valued in the low six figures. After the ... Read More
Mediation – When is a Final Number a Final Number?
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 ... Read More
