Don’t Fall in Love with Your Valuation of Your Case

Don’t you — and don’t let your client — fall in love with your pre-mediation valuation of your case. Research comparing results at trial with final offers rejected at mediation has shown that a party’s valuation is quite often inaccurate. A trial is at best a competitive simulation of reality staged in a hostile environment. A judge or jury may simply get it “wrong,” but their opinion, not yours and not your client’s, will determine the value of the case. So be sensible; don’t fall in love with your valuation of your case.


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Download Chapter By Francis L. Carter

Bankruptcy Mediation is a treatise published by the American Bankruptcy Institute