The Price of Poker Just Went Down: How Smart Defendants Leverage Good Settlements in Catastrophic Cases.
This is the second part of a two-piece article. Last month, we focused on ways claimants can maximize recovery in catastrophic damage cases. This month, we focus on defense strategies for leveraging a good settlement at mediation. Whether you are defending a business, a contractor, physician, manufacturer, retail store, or trucking company, representing at fault […]
Maximizing Value: A Mediator’s Message to Claimant’s Counsel
This is the first of a two-part article on litigating and settling large exposure cases. As a litigator, I defended several products, premises, and aviation accidents resulting in death or catastrophic personal injury. Later I litigated trademark, construction, and other claims with seven and eight figure damage demands. My experience also suggests that adding one […]
The Uniqueness of Litigators and the Light Born of Mediation
I was thinking about my mediation clients, meaning the lawyers, and how the litigator’s role differs from other professions. Litigators are in conflict every day, every moment, for their entire careers. Can you identify another job that at its core involves conflict? The job ends when the conflict ends. The job depends upon antagonists, a […]
The Mediator’s Wish List
Now that the holiday season is in full swing, you are probably seeking holiday gift-giving lists. Most mediator wish lists are similar. Here is what most mediators would like to receive in case you are still shopping for the holidays. Mediators would like to receive a phone call or letter from you explaining what the […]
The Convention of the Witch and the Princess in Zoom Mediation
By now, most of you have participated in a remote mediation, most likely on a Zoom platform. I want to talk about attendance via Zoom and the psychology of communication and helping your cause by managing your virtual appearance. In Western literature and film, there are conventions associated with appearance and sound when depicting good […]
Mediation Advocacy as a Competitive Advantage
In what is a difficult time for providing legal services, law firms should be rethinking how they position themselves and obtain a competitive advantage over rivals. I have longed believed that business litigation and insurance defense firms have failed to see mastery of ADR and, in particular, mediation advocacy, as a branding tool. Why isn’t […]