Mediation Stuff – John Lassey’s ADR Web Log
For trial lawyers interested in mediation of cases which are, or which could be, in civil litigation.
Author: John Lassey practices at Wadleigh, Starr & Peters in Manchester, N.H.
Blawg Related Categories: Alternative Dispute Resolution • Solo / Small Firm
Recent Posts from Mediation Stuff – John Lassey’s ADR Web Log
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A Mediator’s Prayer
Lord, grant me the imagination to think outside the box and the wisdom to keep from going off the rails. For the one fosters innovative solutions, while the other leads to train wrecks.One of the…
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Signals
One of the buzz words in mediation and negotiation circles is "signals." In a tort mediation, after the parties and counsel split up and go into separate rooms, demands and offers are usually filtered through…
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Preparing for Mediation
I was reminded recently by my San Francisco colleague, Michael Carbone (Mediation Strategies Web Log), of the importance of thorough preparation prior to mediation. See "Effective Preparation," posted September 26, 2009. In that post, Michael…
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Jury Prognostication
Experienced trial attorneys, in advancing their clients’ interests during mediation of tort cases, usually profess to having some ability to estimate what their cases are worth; i.e., figuring what a jury is likely to award…
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The Heart is a Piece of Plumbing
Grant you, it’s a very sophisticated and marvelous piece of plumbing, but, at bottom, its function is to pump liquid, not to serve as a substitute for the brain or for due diligence! Making decisions…
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Uncomfortable Truths
Applied to the right cases, there is no doubt that the mediation process can do a lot at a relatively early stage to resolve what would otherwise be protracted and expensive litigation. Having said that,…
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The Great Compromise*
What is it about the word "compromise" that tends to raise the hackles of those who hear or read it? To many, any compromise is regarded as the shameful abandonment of principle. Perhaps the best…
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The Dick Francis Solution
Long before I ever heard about Fisher and Ury’s Getting to Yes, I started reading Dick Francis’ mysteries. For those not familiar with his books, Francis, formerly a steeplechase jockey, develops his novels around British…
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Deus ex Machina Mediation
Deus ex machina literally means "God from a machine," and refers to the practice in ancient Greek drama* of bringing in a god (lowered to the stage toward the end of the last act by…
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Little Blank Spaces
When a liability insurance claims office gets a report that one of its insureds has been in an accident, it immediately sets up a file, gives it a claim number, and assigns it to a…