Cases often fail to settle when the parties attempt to mediate before the case is ripe for mediation. Until counsel on each side have a
Rules of court and judicial procedural orders require that a party’s representative at a mediation have full authority to negotiate and agree to a settlement.
More and more often lawyers find themselves mediating with opposing counsel with whom they have no previous experience. So, as part of your preparation, find
Many mediation statements lack information essential to the Mediator’s understanding of the case. An effective statement will be submitted on time and will include: 1)
Mediation is mandatory in our trial courts and settles a substantial majority of cases – less than 2% are resolved by an actual trial. Mediation
A defendant at a mediation will often lack the ability to make a lump sum payment sufficient for plaintiff to agree to a settlement, so
Your client is the ultimate decision maker at the mediation and needs to be well prepared in advance to fulfil this role. You have an
Often at mediation a defendant asserts the so-called “uncollectibility defense”, i.e., a lack of non-exempt assets sufficient to satisfy a money judgment, which, if true,
Don’t open with your best offer. Even if it really is your best offer, it is all but impossible to convince an adverse party that
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Bankruptcy Mediation is a treatise published by the American Bankruptcy Institute
