How to Mediate When Your Client is Unreasonable | Dec 7, 2018

Back in the 90’s, our firm got a $104 million dollar verdict – counting punitive damages – for the family of a 17-year-old who burned alive in a fuel-fed truck fire. Shortly after the verdict hit the papers, we were preparing another client for mediation in her case. She had been hurt in a car […]

Blindsided at Mediation? | Nov 1, 2018

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 […]

Do You Need an Opening Statement at Mediation? | Oct 29, 2018

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 […]

Should You Make an Opening Statement at Mediation? | Oct 23, 2018

When I speak at CLE events, the most frequent question is: Should I make an opening statement at mediation? The answer is almost always an emphatic yes. This blog will cover some of the key reasons you will want to make an opening statement.   Reasons to Make an Opening Statement   1. To show […]

7 Things Lawyers Should Bring to Mediation | Oct 18, 2018

  Be sure to stick these 7 things in your bag when you pack up to go to mediation. Number 5 may surprise you – it did me! If possible, bring old-fashioned paper copies of the documents. If you are short on planning time, you can always pull up the documents you need on your […]

Easy Ways to Write A Mediation Brief | Sep 26, 2018

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 […]

6 Things Your Client may not Know About Mediation | Sep 24, 2018

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 lotĀ of questions and misunderstandings. Today we are talking […]

What Happens in the Opening Conference? | Sep 13, 2018

For many clients, the opening mediation conference is a puzzle. They may be confused — even alarmed — that you are not making an impassioned presentation of their case. They may want to argue with the other side or express their opinion. By explaining the opening conference to your client in advance, you can avoid […]

4 Things to say to Your Client Before Mediation | Sep 11, 2018

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, […]

Mediation FAQ’s – Part 2 | Sep 5, 2018

Do your clients have a lot of questions about mediation? Well, we’ve got you covered. We are answering your client’s top questions about mediation. All you have to do is print these out or email them to your client to help them prepare for mediation. Questions answered this week: Where will the mediation be? What […]