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.
Read More
Even the best mediator needs help from counsel to resolve a case. The attorneys who I mediate with are my best resource. I will always convene a Pre-Mediation call so I can obtain counsels’ insights into the case and the parties. I encourage this open communication even during mediation. Nothing helps me more than an attorney pulling me aside during mediation to provide me with his or her thoughts on how I can better connect with the parties. It is no coincidence that in every case where an attorney approached me privately to indicate that I was being too hard or too easy on the client, the case settled.
Read More