I have been asked to prepare an article on mediation for publication in a forthcoming issue of the Tri-State Defense Lawyers Association’s Newsletter. The Association addresses issues of interest to defense lawyers, insurance claims people and corporate risk managers in northern New England (New Hampshire, Maine & Vermont).The article points out that to be truly prepared for mediation of a tort case, defense counsel must do some advance work to prepare the plaintiff for the "business realities" of the process. The full article is available here.
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2 comments:
John--
Great article!
I like the idea of the reverse settlement demand letter.
You've also suggested "anchoring," by making a first, reasonable offer. In my experience, defense counsel are reluctant to do this, but it can be quite beneficial.
Best,
Nancy
Nancy:
Thanks. I usually try to discourage the "Plaintiff First" routine by arguing that by making the first move the defendant has an opportunity to take charge of the negotiation.
John
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