A Refusal to Mediate

I recently heard of a case where the parties settled . . . after 63 moves. No kidding. Sixty-three moves.  How does that happen?  Many cases settle after a handful of moves. But sixty-three?  That’s a lot. Apparently the plaintiff wanted a lot.  A whole lot.  And the...

A Million – or Five

Two of my granddaughters are sisters. One is 6 and the other is 3 years old. They recently had the following interchange: 6 year old: “How many pecans do you want?” 3 year old: “Like, a million.” 6 year old: “I can give you five.” 3 year old: “OK.” Classic sibling...

And If You Can’t Pay?

Binding Arbitration: Yes or No? You’ll never have a runaway jury with an arbitration. But you’ll also be hard-pressed to get appellate review of a skewed arbitration award. In most cases there’s no clear-cut formula for determining whether trial or arbitration will...

Five Kinds of Cases

When it comes to mediated settlements, there are five kinds of cases: Cases that are going to settle Cases that won’t settle at mediation, period Cases that could settle but don’t because of incomplete preparation Cases that will settle following typical settlement...

A Deliberate Brief

Here’s a bit of feedback from one who reads briefs for a living. Before you begin writing, take a moment and reflect on the purpose of your brief. Important threshold questions might include the following: – Who is my audience? – What does my audience...

Where Are You?

I’ve conducted a lot of negotiations. I was a litigator for more than 30 years. I’ve negotiated a lot of business transactions. Since 2016 I’ve worked as a neutral. I’ve mediated many cases – first as a lawyer and then as a mediator. During this time I’ve...