There’s an old medical adage that an ounce of prevention is worth a pound of cure. Anticipating a problem and preparing for it can often eliminate it completely or substantially reduce future complications down the road. It’s a lesson counsel representing clients at mediation would...
In the first post in this series, I discussed how personal injury insurance mediations are position-based, some of the common stumbling blocks in negotiations and why mediated settlements are still often seen as preferable to going to court. In this post, I explain how to...
There is a common view that when mediation produces a settlement, it has been successful and, conversely, where mediation fails to produce a settlement, it has been a failure. Needless to say, mediators, us included, would prefer not to characterize a mediation which does not...