In some instances, managing a client’s expectations may be more difficult than negotiating with the other side. Litigation is stressful and clients respond to stress differently. Most have not been cross-examined before. Feelings of loss and frustration are common – ...

Tagged with: Jeff Trueman mediation

Many lawyers have expressed concerns to me about mediating online, worrying that it’s not as effective as mediating face to face. Although I was inclined to agree, I was willing to learn more about the technology. I spent time studying ...

Tagged with: Jeff Trueman Maryland Law COVID-19 mediation online mediation

The techniques discussed here rely on the participants’ trust in the mediator, which must be established fairly quickly in mediation. If the parties and counsel do not trust the mediator, they will not follow her suggestions regarding process, concessions, bargaining, ...

Tagged with: Jeff Trueman mediation

Employment law disputes can be tough to settle. These disputes center not only on employment practices, but also on deeply held personal views of worth, honor and status. Parties draw lines in the sand over their take on the law ...

Tagged with: Jeff Trueman mediation

The success and efficiency of mediation depends, to large degree, on timing. If it occurs too soon, critical facts may not be found and counsel may not be able to determine the scope of the claim or the risk of ...

Tagged with: Barry Gogel Jeff Trueman mediation

More than 10 years have passed since Randall Kiser and his colleagues documented how often and at what cost attorneys obtain a result worse than what could have been achieved by accepting their opponents’ pre-trial settlement proposal. Generally speaking, Kiser ...

Tagged with: Jeff Trueman mediation

  Why do so many litigators grasp defeat from the hands of victory at the mediation table? In other words, why do some lawyers revert to trial arguments or bicker with each other during settlement discussions, even when the parties ...

Tagged with: Jeff Trueman