Principles and Optimism/Realism and Compromise

As a mediator, I have often had a party tell me that she will not settle on the terms proffered because, “It is all about principle!” I take this with a grain or two of salt because I have learned that if the other party becomes sufficiently generous in the offer, the “principled” party will accept the generous terms and settle.

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I Like You

Lawsuits are products. I know this sounds strange particularly to lawyers who after four years of college, three years of law school and then one or more bar examinations, do not want to consider themselves mere sales people….

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I Apologize For Suggesting It

Mediations and their participants never cease to amaze me. Recently, I mediated a personal injury lawsuit. It should have settled as liability was not an issue.  Defendant was not contesting her fault for making a left turn immediately in front of Plaintiff’s vehicle that was proceeding straight….

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