Here are 5 suggestions based on what I see parties succeed with at mediation:
1. Prepare a valuation range based on settling “today” versus post probable cause, MSJ, trial, etc., or other things in which no one (including you) has yet invested resources.
2. Make proposals that are based on Continue reading
Mediation should provide parties new paths toward resolution.
One approach I find very effective is explaining the differences between litigation and mediation this way: Litigation and mediation are polar opposite approaches to ending a conflict. Litigation is entirely focused on the past – what happened. Mediation is about present and future circumstances.
One you have no control over. One you do. Continue reading
Coming together at mediation brings people face to face with their own and projected feelings, and naturally they expect the worst, including the type of sentiments held against them. They’re not always right, though, and mediation is an opportunity to dispel those notions in a way that opens the door to resolution. Continue reading
For the record, the record is $10,000,000 among the cases I’ve handled, and it was a public accommodation discrimination case (restaurant service).
Nevertheless, I realize how hard it is to receive a demand of just about any amount. The fact is, the counter-demand is typically just as hard to hear. It’s important to recognize these are typical, emotional starts to most mediations – and that the vast majority of cases still settle. Continue reading
People typically consider “win-win” as interchangeable with “ideal.” Really, though, a winning outcome is one that’s best among your alternatives.
So, finality could put you in the win column when the offer outweighs the alternative of protracted (costly) litigation and the possibility/necessity of appeal. Certainty may, too, if the proposal beats the risks inherent in a decision-by-another. Immediacy has its advantages, as well. Continue reading
You must be logged in to post a comment.