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Category: Settlement

MEDIATION AND MEDIATORS

MEDIATION AND MEDIATORS

Several months ago my friend Don Keenan wrote about mediators and mediation in his blog www.keenantrialblog.com  “How to Handle the Bullying Mediator” I told him how on target his views were and gave him my views, which follow below.  To start with, when I began a plaintiff practice negotiation always involved discussions directly with the insurance adjuster, the insurance company or the defense lawyer. However, mediation has become a cottage industry and we should learn proper skills for doing it…

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CONSIDER A SETTLEMENT CHECKLIST TO AVOID MISTAKES

CONSIDER A SETTLEMENT CHECKLIST TO AVOID MISTAKES

I am a great believer in checklists for everything we do in the law practice. If pilots with thousands of hours of flying religiously review checklists before flying and hospitals require checklists for medical care then how is representing a client any less important. With checklists you save time repeating previous work  and protect against omitting an important step. Here is a partial checklist for the use of the paralegal in the office. Note that it relies upon the the…

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THE A-B-C’s OF NEGOTIATION

THE A-B-C’s OF NEGOTIATION

I’d like to review the basic simple ideas of negotiation, which most of you already are totally aware about, but perhaps younger lawyers might benefit from. Pawn Stars is a popular TV show which features people bringing various items into the pawn shop and selling them to the pawn shop owners. Rick Harrison, one of the owners, is frequently shown on the program negotiating with the seller over the price he will pay for the item. If you want to…

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