Part 1: The Blindsider At a recent mediation, the two parties were really far apart on their numbers. After I caucused with both sides, I realized that the defendant knew critical information that the plaintiff did not know. It was no wonder they were so far apart on their numbers! — They were evaluating two […]
The last blog post I wrote about whether you should make an opening statement at mediation. I gave four key reasons why you usually will want to make an opening statement. Here’s a checklist to help you decide when to make an opening statement, when you can skip it, and the one circumstance when you […]
Mediators often talk about wanting to receive a “mediation brief” before the mediation starts. The term is unfortunate because it implies the mediator is expecting a specialized, formal document. Faced with writing (and billing for) yet another formal, legal document, many lawyers elect not to send anything at all to the mediator. Today I want […]
TV and movies offer a steady stream of courtroom scenes, but – as a mediator, I’ll be the one to say it! – mediations are not exactly high-drama fodder. Having never seen a mediation before, most clients do not know what to expect, and they have a lot of questions and misunderstandings. Today we are talking […]
Written by Tanya Tate, Imagine that you are asked by a doctor to come into his office and listen all day to two well-educated medical experts emphatically espousing virtually opposite ways of treating the same condition. And imagine that you have no medical experience and have never before even talked to a doctor. And finally, […]