We’re all familiar with the symbol: Lady Justice carrying the balance scales. She holds a sword and sometimes is blindfolded to show a lack of prejudice. In most depictions the scales are balanced. She has righted the scale to dispense justice. But sometimes the scales are uneven.
What Is Being Weighed?
Perhaps the most common
You know the case should settle. Why won’t the other side agree to your offer? Here are some tips for creating the perfect offer. I’m going to refer to both offers and demands as offers to settle in this article.
WHEN
As long as you’ve done your homework, there’s no bad time to make an
Civil litigators tend to observe certain guideposts as mediation triggers, such as the closing of discovery, setting of a trial date, or an order from the court to use mediation. Because about 95% of civil cases settle before trial, mediation is the norm for almost every area of civil litigation.
In contrast, many California workers
You undoubtedly studied the scientific method in school. You may have even applied it to sophisticated experimentation. Think about how to use that approach for case evaluation and resolution now
Scientific Method
Going Through The Steps
The scientific method can be defined in as few as four steps or as many as ten, but let’s
The claimant was in his 30s and paralyzed from the chest down. No bowel or bladder control and no genital-to-genital sex. The settlement was seven figures.
Throughout the years since the accident, his wife had devotedly cared for him and acted as his champion.
Only One Person Perceived The Vibe In The Room
The claimant’s
An important underlying principle of mediation is that communications made in the course of mediation are not admissible in other civil forums. So, is it okay to make stuff up?
There’s a Rule
California Rule of Professional Conduct 4.1 provides, in part: In the course of representing a client a lawyer shall not knowingly make
I recently attended a webinar where the speaker stated that as facts emerged in mediation, we would be able on the spot to turn to Artificial Intelligence for a case evaluation.
Uh, no.
Don’t get me wrong. I have test-driven ChatGPT. It is a phenomenal tool and search engine. If you are stuck for
At the Museum of Tolerance in Los Angeles, there are two entrance doors to the exhibits, marked Prejudiced and Unprejudiced.
Try to walk through the Unprejudiced door, and you will find that you can’t. All of us are prejudiced in some way.
Implicit Bias
When we hear a news story about a shooter or
Sometimes, parties want something they could never get in a courtroom.
Confidentiality
The most common provision in a settlement agreement that you can’t get in a judgment is a promise to keep the terms of the settlement confidential. Court proceedings are public; mediations are private, as are most settlement agreements.
Note: minors’ settlements and motions
Prices keep going up for just about every component of expense, including housing, groceries, and medical care. The figure at which your claim will settle is also subject to inflationary pressure. Medical expenses and wages are significant factors in settlement value calculations.
Medical Expense
The June 2023 issue of Business Insurance included an article about
