Categories
Litigation Strategy Settlement Negotiation

When You Can’t Settle, Consider a Mini-Trial

Boy (5-7) making pinching gesture, close-up of handA mini-trial is basically a sophisticated settlement conference. When you have complex questions of mixed law and fact, a mini-trial may be your best way forward.

Categories
Employment Law Legal Topics

Got an Employment Case? Consider Mediation

mediation_80405170Deciding whether and when to mediate an employment case can be complex, but here are some factors that will help both sides of the case make the decision.

Categories
Employment Law Legal Topics Litigation Strategy Settlement Negotiation

Mediation May Be the Right Tool for Wage and Hour Suits

20130709-221302.jpg

The number of wage and hour suits is up again this year, and the recent increases appear here to stay. If your client’s efforts at compliance didn’t work and your client is facing a wage and hour suit, the best move may be to offer mediation.

Categories
Civil Litigation Legal Topics Litigation Strategy

Trial by Referee

Did you know that California cases can be referred to a referee instead of being decided by a judge? This process certainly has its advantages, but you should know what you are getting into before you agree to a referee.

Categories
Civil Litigation Employment Law Legal Topics Litigation Strategy Practice of Law

5 Tips for Successful Mediation

Mediation has been increasingly used to resolve many types of legal disputes. And it’s no wonder why —  mediation gives the parties an opportunity to settle the dispute without incurring substantial litigation expenses. Here are some tips to make your mediations as successful as they can be.

Categories
Civil Litigation Legal Topics

What Happens in Mediation, Stays in Mediation: 13 Key Confidentiality Questions

One of the strengths of mediation is its cloak of confidentiality. Participants can feel free to say what they want and show documents prepared for mediation without the fear of it biting them later in the litigation. But not everything said and shown in mediation is protected. As with everything else, know the limits of mediation confidentiality.

Categories
Civil Litigation Legal Topics Litigation Strategy Practice of Law Settlement Negotiation

5 Tips for Kicking Off a Successful Negotiation

Whether it happens informally on the telephone or in a more formal face-to-face meeting, the beginning of a negotiation can be critical to its success. First words and impressions are lasting; if you get off to the wrong start, it can erode trust, dampen optimism about the outlook for settlement, and increase the probability of deadlock.

Categories
Litigation Strategy

Come Together, Right Now, and Mediate!

Mediation has become a widely accepted way of resolving disputes because it works. Mediators report that typically 85-95 percent of mediated cases result in a settlement, often with an investment of only one long day or two.  Among the advantages of mediation is that it fully engages the most important players, i.e., those who initiated the dispute and are most affected by it. Here are some other advantages that might just make you want to come together and mediate!