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Category: Settlement

MEDIATION AND MEDIATORS

MEDIATION AND MEDIATORS

I’ve written about settlement mediation before on this blog: https://plaintifftriallawyertips.com/wp-admin/post.php?post=157&action=edit The entire subject of modern settlement negotiations has been much more complex then when I started the practice. The insurance adjustor would come to the office and negotiate with you. In other cases, you would get a phone call from the defense lawyer who would want to talk settlement. In all but rare situations you negotiated your own cases directly, either with an insurance representative or the defense lawyer. Now, even the smaller…

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THOUGHTS ABOUT NEGOTIATION & SETTLEMENT

THOUGHTS ABOUT NEGOTIATION & SETTLEMENT

I have been a fan of Roger Dawson for many years. See:  http://www.rdawson.com I have read most of his books about sales and negotiation. I have attended his lectures. His ideas about communication, persuasion, sales and negotiation make a great deal of sense to me. Dawson was born in England and then became president of one of California’s largest real estate companies. Since 1982 he has been a full-time speaker and writer regarding sales issues. Here is a brief summary of…

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EVIL MOST OFTEN OCCURS IN THE DARK – THE EVIL OF SECRECY IN OUR JUDICIAL SYSTEM

EVIL MOST OFTEN OCCURS IN THE DARK – THE EVIL OF SECRECY IN OUR JUDICIAL SYSTEM

Over the past 25 or 30 years my policy was to reject confidentiality as an imposed condition of settlement. Our settlement agreement memorandum contained the following language: “Neither the plaintiff nor his or her attorneys agree to any secrecy confidentiality restrictions regarding any aspect of this case or settlement. It is understood that nothing shall be considered secret or confidential regarding this case or settlement.” Over the years I have been questioned regarding this policy not just by defense attorneys…

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