Resolution Strategies

Resolution Strategies2021-03-01T12:34:13-08:00

Resolution Strategies | A Monthly E-Newsletter

“EASY” DOESN’T DO IT

After nearly four hours of negotiations, the parties were still more than a million dollars apart. Convinced that plaintiffs could not prevail on liability, defendants refused to offer more than a high five-figure settlement in a wrongful death case. When presented with defendants’ best and final of [...]

By |November 2nd, 2022|Categories: Resolution Strategies|

THE RUTHLESS COURT

Today is "the first Monday in October" — the day designated by Congress for the Supreme Court of the United States to begin its new term. For the first time in the Court's 233-year history, the Justices who took the bench this morning included an African-American woman, Ketanji Brown Jackson. Equall [...]

By |October 3rd, 2022|Categories: Resolution Strategies|

REVOCABLE TRUST

In 1986, while he was preparing for his upcoming talks with Mikhail Gorbachev — who died two days ago at the age of 91 — it was suggested to President Reagan that he learn a few Russian proverbs. The one President Reagan liked best was “Doveryai no proveryai” — which means “trust, but verify.” It qu [...]

By |September 4th, 2022|Categories: Resolution Strategies|

TRUTH OR CONSEQUENCES

Much of a mediator’s work is devoted to uncovering the truth. Not the truth about the events that may have given rise to the dispute because “the truth” — in the context of most litigation — is whatever a jury, judge or arbitrator ultimately determines it to be. Perhaps noted German philosopher Frie [...]

By |August 3rd, 2022|Categories: Resolution Strategies|

DECLARATION OF INDEPENDENCE

As a mediator, I’ve discovered a truth that was not self-evident during my many years as a litigator. Over the past 14 years, I’ve repeatedly observed plaintiffs and defendants allow their negotiating strategy to be dictated by the other side. When one side presents an unreasonable demand or offer, [...]

By |July 9th, 2022|Categories: Resolution Strategies|
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