Mediation Summaries

Mediation has many components.  The Attorney’s mediation summary is an invaluable tool to the mediation process. Not only does the summary focus on the critical issues, but it can save your client time and money. Often, counsel will submit copies of the pleadings with a statement that the issues are self-explanatory. That’s great, but if […]

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Managing Expectations in Mediation

As part of my mediation “pre-game speech,” I always advise parties that, if the case is going to settle, the Plaintiff will inevitably accept less money than they thought coming in and the Defendant will pay more. Parties often tell me “that is my bottom/top line.” I often have to tell parties; “I hear you, […]

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Non-Parties Attending Mediation

In a situation which happens more often than you might think, a party will show up at mediation with a friend, neighbor or relative who is not affiliated with the litigation or dispute. “Do you mind if my neighbor joins us? I could really use the moral support.” The question inevitably arises as to whether […]

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