Transportation claims suffer from frequency and severity. It stands to reason we should become more expert at resolving these cases short of trial. Catastrophic injury and large loss claims require a level of concerted activity prior to mediation that is sometimes...
There are no timetables, deadlines or rules governing the conduct of the parties leading up to mediation. The parties prepare independently of each other. Many times, there is little or no “premediation” discussion about settlement except, perhaps, some throw-away...
Some may have experienced what I call the “Friday afternoon problem” in mediation. After a long day, you have hammered out the four corners of a deal. Everyone can summarize the deal on a couple of pages, but the final settlement document will require additional...
Research in a variety of jurisdictions reveals that approximately one percent of filed civil cases reach trial, maybe less in some states.[1] Commentators note several likely causes: Loose discovery rules, stricter pleading, heightened summary judgment standards, and...
When I was a young associate and handling mediations on my own, I really didn’t get it. I mediated too late in the life of the case. I had no relationship with opposing counsel. Mediation advocacy is a lot like sex – for most people you sort of figure it out as you go...
If I have reasonably competent lawyers with equally motivated clients with access to the same information (and those are not trivial caveats), isn’t it fair to believe they will be looking at the same playing field albeit from different sides? Isn’t it reasonable to...
