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5 strategies that will help you reach a good outcome in mediation
Lawyers can create good outcomes for their clients in mediation when they employ strategies that underscore the importance of leverage, contact with participants on other side, and clear communication. Information is the real currency of negotiation. Everything matters and even the most benign thing may signal what the other side is thinking and valuing. For […]
Changes on the well-worn path of personal injury mediation
The mediation dynamic in personal injury litigation is not readily affected by trends. Although there are a number of factors that narrow the focus of the process and make it challenging for everyone, some aspects of the dynamic will not change. For instance, there is no relationship between the parties that will live into the […]
The first principle is not to fool yourself
We spend so much time and money trying to protect and enforce our rights against others that we overlook threats from within ourselves. The famous physicist, Richard Feynman, said, “The first principle is not to fool yourself – and you are the easiest person to fool.” Most of us react negatively when someone is overconfident […]
Mediators can help bridge gaps in communication
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 – especially in serious injury and death cases. To help clients cope, lawyers should listen and […]
Online mediation here to stay, say Maryland lawyers, mediators
Like other legal issues, personal injury cases have been upended during the pandemic, forcing many cases to be delayed and those that went forward to be done online.
Online mediation: The wheels of justice keep turning
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 different platforms, practicing on them and talking to others who use them. But I maintained […]
Responsive strategies that help parties save face in 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, communication, etc. Generate options and resources Mediators ought to help the parties focus on the […]
‘Saving face’ in employment 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 and swear that they will not move, creating the need to “save face” when they […]
Early mediation: How to maximize efficiency
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 exposure. In addition, defense counsel will miss the opportunity to bill some number of hours […]
Jeff Trueman: Beware the urge to win. It can backfire.
Litigation arouses competition, an urge to win. Some lawyers have a hard time dialing it down even when the parties want to settle. Many lawyers overemphasize their role as zealous advocate at the expense of other, equally important roles – adviser and problem-solver. Lawyers are not the only ones who possess the urge to win. […]
After mediation fails, college segregation case returns to 4th Circuit
Litigation over segregation at Maryland’s colleges will return to the 4th U.S. Circuit Court of Appeals after six months of court-ordered mediation failed. The 4th Circuit in January ordered the parties, the Maryland Higher Education Commission and a coalition representing the state’s historically black institutions, or HBIs, to meet with a mediator. The court reasoned […]
Senate gives preliminary approval to asbestos mediation bill
ANNAPOLIS – The Senate gave preliminary approval Tuesday to late-filed legislation that would require thousands of pending lawsuits alleging illness from asbestos exposure be referred for mediation within the executive branch. The bill, which the Senate could vote on as early as Wednesday, is being pushed by the Law Offices of Peter G. Angelos P.C. […]
