Resolution Strategies

One of the litigator’s most powerful tools — especially given increased court congestion due to budgetary constraints — is the judicious and timely use of a Statutory Offer to Compromise, pursuant to CCP Section 998 ("998 Offer"). But when, in the litigation timeline, is the best time to serve a 998 [...]

Every month, the neutrals at Judicate West gather on Zoom for what we call our "Mediation Forum," where we discuss a variety of topics, brainstorm and share tips and insights with one another. Several months ago, toward the end of the hour-long session, the following question was posed (which I para [...]

Defendant — who happened to be representing himself — arrived quite a bit early for the mediation, so I invited him to join me in one caucus room to discuss the facts that gave rise to the litigation. Facing allegations he had misappropriated trade secrets and started a new business in violation of [...]

Many years ago, with trial scheduled to start the following week, the parties retained me to conduct a "last-minute" mediation. The facts were straightforward and there was no dispute about liability. Defendant had caused a minor rear-end collision — the impact so minor that there was virtually no v [...]

Those who’ve worked with me know I’ve made it a cornerstone of my practice to try to connect with each attorney before mediation to discuss how to design the mediation process for optimal results. During the course of these pre-mediation calls, I routinely ask counsel whether they're open to engagin [...]