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 […]

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 […]