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The Letterman List

Mar192012
Bruce's CornerMediation

Each week I set aside time to gather information about the mediation process that I believe my colleagues will find useful.  As a mediator and former litigation partner, I understand the issues and concerns that affect the parties and aim to be a reliable resource for all things mediation.

That being said, add this to your mediation briefs: In addition to describing the case, the legal and evidentiary issues, and any prior settlement discussions, each party should consider preparing a list of all the reasons why the other side should settle.  The list should be David Letterman-like in terms of the top 10 reasons why the other side should settle.  If you can’t get to 10, that’s okay, but try to get close. Preparing such a list will not only give the mediator the ammunition to assist you in bringing the numbers down but force the other side to realistically assess their case.

If you don’t prepare the list on behalf of your client, the mediator is going to come up with his/her own list. While an experienced mediator will do his best to analyze the facts and issues, he is not counsel and is not privy to all the nuances of the case.  Therefore, his list may not reflect all of the reasons or an in-depth knowledge of the case as you have as counsel.

My advice: either include the ‘Letterman list’ in your brief or be prepared to provide it to the mediator in an early caucus session.  It will go a long way toward producing a successful mediation.

–Bruce

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Bruce A. Friedman is a mediator with a national practice. With years of litigation experience behind him, he understands the goals of the mediation process and will do his best to ensure that the needs of both parties are met, justly and efficiently.  For more information on the mediation services that Bruce A. Friedman provides, check out his website at http://www.FriedmanMediation.com or call him at (310) 201-0010.

Category: Bruce's Corner, MediationBy bfriedmanMarch 19, 2012
Tags: californiamediationmediator

Author: bfriedman

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Testimonials
  • [Bruce] knows when to talk, when to listen, and how to work the room.”

    James Thompson
    JPT Legal
  • Bruce took time to point out parts of each side’s case that could be made stronger and parts that could be deemphasized or omitted. Bottom line: the client came out of the exercise with a more focused case and better able to advance its positions. Bruce was superb.

    Ellis Mirsky
    The Network of Trial Lawyers
  • Bruce was prepared and understood the issues and the practical aspects of the cases. I really appreciated Bruce’s efforts in continuing to work with me and opposing counsel and his perseverance in settling the case.

    Frederick S. Reisz
    Meyers McConnell
  • I have known Bruce for years and highly recommend him. As a native New Yorker, he will be hearing significant matters in NYC as well as in L.A.

    Jeffrey Kravtiz
    Fox Rothschild
  • Bruce’s willingness to continue to follow up with both sides to settle the matter and his efforts in speaking directly with the clients to explain the issues and possible outcomes should the case proceed to trial were invaluable.

    P. Garrell
    Liner Law Firm
  • From the outset of the mediation, it was clear that Bruce understood the case and structure of a class action settlement. He was effective in his discussion of the issues in the case and made many helpful and constructive suggestions with respect to the negotiating process and the settlement terms.

    Tim Blood
    Blood, Hurst & O'Reardon LLP
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