Have a Negotiating Plan
Your case valuation analysis tells you only the extent of the monetary and other concessions your client is prepared to make. You also need a
Read Critical Documents Thoroughly and Carefully
In several breach of contract cases I have mediated lawyers have managed to overlook clear contractual language that should have been case dispositive for their
A Mediation Is Your Client’s Day in Court
Most clients have an emotional stake in their lawsuits. They want to have their day in court – to have their stories told at a
Speak Privately with Your Mediator in Advance of the Mediation
After you have submitted your mediation statement, if you don’t receive a timely call from the mediator, call to make sure the mediator understands your
Help the Mediator Change the Way Your Client Views the Dispute
The parties normally have an emotional reaction to the litigation. Their view of the dispute is visceral, not rational: “They done us wrong!” This point
Give the Mediator the Tools Needed to Move the Other Side
The starting positions of parties at a mediation are vastly different and conflicting. The mediator’s role is to narrow the differences to the point where
