Monday, May 12, 2008

Preparing (Your Opponent) for Mediation

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.


Nancy E. Hudgins said...

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.

John Lassey said...


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.