The Value You Put on Your Case Is Only an Inexact Guideline to Help You Negotiate.

The value you put on your case is at best your prediction of the result if the case were tried. That prediction is influenced by positional bias and dubious assumptions, which tend to inflate the value of your claims or defenses. Even where your valuation is theoretically correct, absent a settlement a judge or a jury will decide your case, and their value – the only one that matters – may well prove less generous than your own. The value you ascribe to your case is only an inexact guideline to help you negotiate and should be open to reconsideration to help you reach a settlement at a mediation.


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Download Chapter By Francis L. Carter

Bankruptcy Mediation is a treatise published by the American Bankruptcy Institute