A Defendant That Needs Extended Payment Terms Should Make a Timely Request.

A defendant will often find itself unable to pay in a lump sum the amount needed to settle. Happily, to obtain a sufficient settlement a plaintiff will often agree to accept payments spread over a period of months or even years. If your defendant client will require payment terms be sure to ask for them […]

NADN press release

Francis L. Carter, P.A. is pleased to announce that Francis L. Carter has been inducted into the National Academy of Distinguished Neutrals (NADN). Francis Carter is a mediator and settlement counselor in commercial civil and bankruptcy cases who has mediated more than one thousand cases. He is recognized by Best Lawyers in America in four […]

Help the Mediator Convince the Other Side.

In many mediations, each party forcefully tells the mediator: it’s clear we have the better case, so go convince the other side our case trumps theirs. But the mediator is new to the case, has not heard the witnesses testify, and is not well versed in the proof of either side’s case. Counsels’ mere assertions […]

How Do You Make a Credible Final Offer?

Final offers usually meet with skepticism as to whether they are truly final. So how do you make your final offer come across as credible to the mediator and to opposing parties? First, taper your concessions, especially in the later phase of negotiations. This means each move you make should be smaller than your previous […]

Is Their Final Offer Really Final?

Often late in the day a party will give the mediator an offer, concluding with the words, “And tell them this is our final offer!” But is it? And how should you respond? If it is their first “final offer,” it is almost always best to test the finality with a counteroffer. So long as you keep […]

Determine What Your Client Needs to Settle the Case.

Your clients will tell you what they want, but to succeed at a mediation or in any negotiation you need to know what your clients actually need. Don’t assume you know. You will often get it wrong. Listen carefully to what your clients tell you they want. Question them tactfully to determine what they need. […]

Download Chapter By Francis L. Carter

Bankruptcy Mediation is a treatise published by the American Bankruptcy Institute