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: mediation
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 […]
“I’m a lawyer – it’s in my DNA to go to Court” – why this doesn’t always hold true
Mediation and litigation advocacy are two different approaches to resolving disputes, and each has its advantages and disadvantages. Understanding these differences is crucial when it comes to choosing the best approach for your particular situation. Mediation is a voluntary and confidential process that involves a neutral third party, the mediator, helping parties in a dispute […]
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 […]