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.
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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 severe injuries and was seeking a settlement in the high-seven figures. Defendant had signaled through its offers that its maximum authority was right at $1 million. As we were nearing the end of the day, the defendant’s counsel provided me with the information I needed to settle the case.
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