Law school helped teach me that rational, logical, analytical, fact and evidence-based propositions can be powerful ways to achieve success in legal environments, especially in written motions to judges and presentations in complex cases to juries. This approach can...
The mediation process encompasses a series of negotiations. Parties negotiate with each other. Counsel negotiate with parties and other counsel. And everyone negotiates with the mediator. An attorney participating in a mediation should remember that dealings wit the...
A friend recently expressed a great deal of frustration to me, saying he had already spent thousands of dollars on legal fees in a messy divorce with no end in sight. Given that few civil litigation cases go to trial — the vast majority end in negotiated...
“It came down to $10,000, and this was a small amount relative to the size of the deal. But there was some ego involved, and we both wanted it,” this client told me. “What did you do?” I asked. “We flipped a coin, with the winner taking the $10,000.” Was this a good...
