We state the obvious to say the Advocate’s job is to contest every issue for the benefit of their clients. It is not obvious to employ initiative and creativity. Creative effort can provide added value from the startup to the payoff. In the initial stages of any litigation, the parties are often unsure about the […]

Each mediation involves one basic question: What will each party accept to end the litigation at the mediation? Recently, during the fourth hour of a contentious mediation, a party told me that they did not know that they could settle the entire matter that day. “We were told that today we would find the weaknesses […]

Conventional wisdom says, “the fighting becomes fierce as the stakes get small.” Often true. It doesn’t tell the whole story. Successful mediation ends a litigated conflict. For most litigants, mediation will offer their only chance to be heard, their only ‘day in court’. The mediation agreement is an enforceable contract. It contains clear detail on […]