by Lee Wallace | Sep 24, 2021 | Uncategorized
Should you bother to write a mediation brief before your next mediation? Here’s how a mediation brief can help you. What is a Mediation Brief? A Mediation Brief is a summary of the facts and most important points of your case that you submit to your mediator before...
by wporbit | Sep 15, 2019 | Uncategorized
Talking about money with your client is awkward. You are trying to tap dance through the minefield of expectations, tamping down the client’s wildest hopes without offending him. If the client has a starry-eyed view of what his case is worth (on the high side for the...
by wporbit | Sep 15, 2019 | Uncategorized
Every case has warts. But just how open should you be about the problems when you get to mediation? Ultimately your answer to that question is going to depend on two things: how likely it is that the other side knows about the problem, and how confident you are that...
by wporbit | Sep 15, 2019 | Uncategorized
Last week I wrote about the fact that attorneys are often reluctant to make a PowerPoint presentation at mediation, for fear that they will give away too much information. At the same time, as a mediator, I have personally witnessed the power that a presentation can...
by wporbit | Sep 15, 2019 | Uncategorized
When I speak at seminars, I often get the question: “Should I use a PowerPoint presentation at mediation?” Lawyers who have no trouble whipping out photographs or circling key parts of medical records to show the other side, balk when it comes to using a...
by wporbit | Sep 15, 2019 | Uncategorized
In last week’s blog I talked about the fact that an apology can have a powerful effect at mediation (or in life). A sincere, heartfelt apology may help the parties settle a case that could not otherwise have been resolved at all, may save the considerable expense of...
by wporbit | Sep 15, 2019 | Uncategorized
Apologizing is all the rage these days. Stars apologize. Musicians apologize. Even companies apologize. Anybody and everybody seems to be on the “I’m sorry” bandwagon. Mediation is one of the places where apologies are supposed to take place. Since the mediation is...
by wporbit | Sep 15, 2019 | Uncategorized
When Sam walked into the mediation conference room, his client Ellen was already there, tapping her fingers nervously on the table. You couldn’t always pick your clients, Sam thought, but Ellen was someone he would represent any day of the week. Normally friendly and...
by wporbit | Sep 15, 2019 | Uncategorized
Want to kill a mediation? These three statements will do it! Most mediations start with a joint conference. The conference is a great opportunity to make sure everyone is operating from the same set of facts, and to impress both your client and the other side. Since...
by Lee Wallace | Oct 2, 2018 | Uncategorized
The Government can file its own False Claims Act cases, but most FCA cases are filed by whistleblowers. But considering how much money the US is losing to fraud each year, the number of cases filed each year is shockingly low. The U.S. estimates that it loses $80...
