ON MEDIATION: Mediation statements: Don’t just do them, give them to the right person
Preparing a mediation statement gives you an opportunity to take a serious look at your case and at your opponent’s case.
ON MEDIATION: Using the full strength of your case in mediation
Mediation is often portrayed as a rational and logical choice that saves money and time. Well, it is that. But let’s face it, it’s also usually required by the court and something that you might not do if it weren’t. That means there’s a risk that it becomes perfunctory.
ON MEDIATION: Using your client’s authenticity in mediation
Lawyers aren’t typically taught to find the emotion in their cases or in their clients. Often, it’s just the opposite.
A second opinion can be helpful … or not
As you approach mediation, one of the things that you might do to figure out what your case is worth is get a second opinion.
ON MEDIATION: Attorneys are confident. That’s a good thing, right?
In a recent column about BATNA, I suggested that as you get closer to your BATNA range, you will want to evaluate your confidence about that range.
ON MEDIATION: What’s your BATNA?
The term BATNA was first coined by Roger Fisher and William Ury in a groundbreaking book titled "Getting to Yes." BATNA is an acronym that stands for Best Alternative to a Negotiated Agreement.
ON MEDIATION: To offer first or not?
You’ve prepared for mediation as best you can. You know your strongest arguments and what your opponent will probably counter with.
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