Resolution Strategies | A Monthly E-Newsletter


In less than ten hours, the Dodgers host the Astros in game 7 of what even this Cubs’ fan concedes may well be the Best World Series Ever! Ironically, instead of being home, I’m in Austin, Texas, attending the 2017 Fall Conference of the International Academy of Mediators.

Based on previous experience, one topic likely to generate significant discussion at the Conference — in addition, of course, to the World Series and the friendly rivalry between mediators from California and mediators from Texas — is the continuing reluctance of California attorneys to engage in joint sessions during the mediation process, in stark contrast to their colleagues from Texas, the rest of the country and around the world.  


For the past ten days, the country has been embroiled in debate on social media and elsewhere over yet another divisive issue, i.e., whether NFL players show disrespect for the flag, the military and the country if they “take a knee” during the National Anthem. Whatever your position may be, there are valuable lessons to be learned from the back story concerning the relationship between Colin Kaepernick and Nate Boyer, a story which many people have not yet heard.  


The judicious and timely use of Statutory Offers to Compromise, pursuant to CCP Section 998, can be an exceptionally powerful tool. But when is the best time to serve a 998 Offer? The simple answer — at least for plaintiffs in personal injury actions and defendants in matters in which the prevailing party has a right to recover attorney fees — is the sooner, the better.  

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