As a mediator, I often observe lawyers providing advice to or discussing options with their clients, particularly in the final stages of negotiations. In sensitive claims with strong underlying emotions, it is not uncommon to see lawyers present clear legal analysis to clients, yet the clients do not seem to absorb it. Not because the […]
Tag: emotion
Great negotiation starts before anyone opens their mouth
If your plan is “let’s just see what happens”, you’re not negotiating. You’re just leaving it to chance. After 25 years as a litigator (and now 6 years in the mediator’s chair), I’ve noticed a pattern: the best outcomes aren’t won in the room; they start long before it. Most lawyers treat negotiation like a […]
Difficult clients – how to reel them in
I’m sure you’ve all had that client who makes your stomach churn when you see their number pop up on your phone – that one who can be gruff or even rude; isn’t completely transparent with you; wants to run their own case; constantly complains; can be erratic; or simply doesn’t listen to anything you […]