Category Archives: Uncategorized

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 … 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 … 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 … 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 … 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 … Continue reading →