The Art of Give and Take

info on February 14, 2024

The Art of Give and Take​

One of the most powerful principles influencing human behavior is the rule of reciprocity. If someone does something for you, you feel an obligation to do something in return. Society looks down on those who don’t reciprocate. Reciprocity is a powerful force that the litigants should harness in mediation.

In his book, “Influence”, Robert Cialdini shares his insight on reciprocity and other “levers” of influence. Cialdini explains that stores give free food samples because many customers will feel obligated to buy the product. Charities send free address labels to prospective donors knowing that this dramatically increases donations. The rule of reciprocity shapes human behavior, particularly in the context of mediation.

Early in a mediation, it’s common to hear parties criticize the other’s proposals as unrealistic. Frequently, that criticism is fair. When the parties apply the rule of reciprocity, they can influence each other to make more satisfying proposals. When one party makes a financial or other concession, it influences the opponent to reciprocate

While the rule of reciprocity seems obvious, don’t underestimate its power. Parties who want to achieve a settlement should come to mediation expecting to engage in a certain amount of back and forth. If one party makes a concession and the other party refuses to budge, it will be more difficult to resolve the case, no matter how reasonable the second party’s initial position was. If each party is prepared to make some concessions, the mediation will be productive. I am not suggesting parties take a settle at all costs approach or make unwise concessions. Instead, I contend that litigants should plan their mediation strategy to include thoughtfully timed concessions that are consistent with their overall goals. In most cases, this will lead to reciprocal concessions.

Applying the rule of reciprocity in mediation is not dishonest manipulation. All parties benefit by understanding basic human nature. Parties are better prepared to negotiate when they understand that each party must feel like they received something of value for settlement to happen. The rule of reciprocity is one of the reasons parties don’t like to bid against themselves. It feels offensive to make additional concessions when the other party has not reciprocated. Parties should strategically consider what concessions may motivate the other side and when to make them.

One tool mediators use that encourages reciprocation is the bracket. When the mediator suggests a bracket, the bracket usually requires both sides to make a meaningful move or concession. This can jump start the negotiation after impasse.

Not every case can be settled. But, by applying the rule of reciprocity, the plaintiff can find out how much the defendant will pay short of trial. And, the defendant can find out how little the plaintiff will take short of trial. Then each party can make an educated decision about whether settlement or trial is the best option. Reciprocity is one of the keys for the parties to get the information they need in mediation.

The Mediator’s Dilemma: Will a Mediator’s Number Help or Hurt?

info on February 8, 2024

The Mediator’s Dilemma:
Will a Mediator’s Number Help or Hurt?

My first exposure to a mediator’s number was about 25 years ago. I was representing a party in a will dispute. The mediator was a retired judge who told us he didn’t need to hear opening statements. The mediator met with the other party first. Not more than 5 minutes later, he walked into our caucus room and declared, “I told those guys in the other room that both parties are just going to have to split things down the middle.” Our mediator didn’t call it a mediator’s number, but that’s what it was. Although we eventually settled the case, both parties and both lawyers were upset and disappointed with the mediator and the entire process. Our retired judge short-circuited the process and forgot to be a mediator.

That bad experience taught me some valuable lessons about best practices when proposing a mediator’s number. The mediator’s number is a valuable tool, but only when it is used at the right time and with the consent of all the parties. When used properly, the mediator’s number can help bring the parties to the finish line.

A key principle of mediation is self-determination of the parties. The mediator’s goal should be to help the parties reach a voluntary, mutually agreeable settlement – not to strong-arm the parties into settlement. The decision to propose a “mediator’s number” to the parties is a nuanced one. The mediator must consider the timing, the parties’ receptiveness, and the overall dynamics of the mediation process. There are several factors the mediator should consider before proposing a mediator’s number:

1. Timing: The best time for the mediator to propose a number is after all parties have fully expressed their interests, concerns, and positions and they have absorbed information about the other party’s perspective. It’s important for the mediator to learn more about the parties, their interests, and their positions than what might be apparent from the mediation position papers or the opening statements.

2. Readiness of Parties: The parties must be ready to hear and consider compromise solutions. This readiness often comes after the parties have recognized the strengths and weaknesses of their own and the other party’s positions, the potential risks of not settling, and the benefits of resolving the dispute. This usually occurs after several rounds of offers and demands.

3. Stalemate or Impasse: A mediator’s number can be particularly useful when negotiations have reached an impasse, and the parties seem unable to move closer on their own. A proposal from the mediator can help to break the impasse.

4. When Asked by the Parties: Sometimes, parties or their attorneys request the mediator’s input on what they consider a fair or reasonable resolution. This direct request can be an ideal time for the mediator to propose a number, as it shows that the parties are open to third-party suggestions.

5. Avoiding Premature Suggestions: Proposing a number too early in the process can be risky, even if it was requested by one of the parties. A premature mediator’s number may anchor negotiations at an unrealistic level and the proposal will not have the benefit of full development of the facts, the law, and the parties’ positions and interests.

Mediators must use their judgment, experience, and the specific context of the mediation to decide when and if to propose a mediator’s number. Careless use of the mediator’s number can doom a mediation to failure, but skilled use can settle the case.

Patience and Mediation

info on February 2, 2024

Patience and Mediation

“The two most powerful warriors are patience and time.”-Leo Tolstoy

“All we need is just a little patience.”-Guns N’ Roses

Patienceis one of the virtues most closely connected with success in mediation.

Patienceto listen to the other side’s position.

Patienceto endure unreasonable early moves by the other party without walking out.

Patienceto learn as much as you can about the other side’s position.

Patienceto let the process unfold under the guidance of a good mediator.

Patienceto find out what the other side will do short of trial.

Patienceto guide your client through a process that can be frustrating at times.

Patience to work through a hard day of mediation so your client can avoid days or weeks of trial.

Patience to figure out whether a settlement is within reach, or whether it’s time to call it a day.

Mediation Advocacy: The Significance of Opening Demands and Offers

info on January 16, 2024

Mediation Advocacy:
The Significance of Opening Demands and Offers

In three decades as a trial lawyer and twelve years as a mediator, I have never seen the plaintiff accept the opening offer at mediation, and I have never seen the defendant pay the opening demand. While it’s rare for the plaintiff to accept the initial offer or the defendant to meet the opening demand, the significance of these numbers should not be underestimated.

Even though opening numbers are just a starting point, they often set the tone for the entire process. When opening demands and offers are extreme, there can be negative consequences. Tempers can flare, patience can evaporate, and parties may be tempted to walk away from the negotiating table. Extreme offers or demands can erode any good will or trust between the parties or their lawyers. At best, extreme opening numbers will make the mediation take longer. At worst, they make the mediation a futile exercise.

Although no one expects their counterpart to accept their first move, each lawyer should have a rational basis for his or her opening move. When a lawyer makes an opening offer or demand that is outside the realm of achievable trial results, the prospects for achieving a settlement decline. If a plaintiff’s best day at trial is a verdict of $1 million, the defendant will not take a $10 million demand seriously and may assume there is no prospect of settlement. Similarly, if the defendant offers a number that is well below its best day in court, its credibility takes a hit.

Surprisingly, parties also have worse outcomes when they start with a number near to what they hope will be the final settlement. When a party’s opening number is too close to their walk away number, they may not have sufficient room to respond if their counterpart only bargains in small increments. Parties need to leave room to negotiate and to respond to the other side. Negotiation is reciprocal. The give and take process of mediation should be embraced, not short-circuited.

Parties have the best mediation outcomes when they begin with a number that is close to the verdict amount they hope to receive if everything goes well at trial.  Visualize a bell curve representing all potential trial outcomes and their probabilities, with lower verdicts on the left side and higher verdicts on the right side of the “x” axis. The highest probability outcomes sit in the middle of the curve. The plaintiff’s optimal opening demand leans toward the right side of the bell curve, while the defendant’s sweet spot resides on the left side.

When the parties begin negotiations towards the edges of the bell curve, they have room to move even if they learn their case is better or worse than they thought. And, they leave room to respond to the other side’s proposals.  By keeping their opening numbers within the range of “best day” trial results, the parties don’t insult the intelligence of their opponent (even if the opponent grumbles about the numbers).

In addition to the strategies above, lawyers also improve mediation outcomes when they prepare their clients for the realities of mediation. Setting expectations is crucial – clients should anticipate that the other party’s opening move will often appear unreasonable. The opening numbers signify the beginning, not the conclusion, of the negotiation journey. Clients must be prepared for the likelihood of rejection and understand the importance of allowing the mediation process to unfold patiently. Building trust with clients through effective communication about the give-and-take of mediation can go a long way in achieving successful outcomes.

Surviving the Season: A Mediator’s Not-So-Serious Guide to Navigating Family Political Debates

info on December 22, 2023

Surviving the Season: A Mediator’s Not-So-Serious Guide to Navigating Family Political Debates

The holidays! It’s a time for festive cheer, questionable sweater choices, and the annual gladiatorial spectacle of Uncle Ernie and Aunt Edna’s political debates. Buckle up, it’s going to be a bumpy sleigh ride.

Once again you will be stuck sitting between Aunt Edna and Uncle Ernie at the annual holiday dinner. Aunt Edna is a dyed-in-the-wool conservative, and Uncle Ernie is as liberal as they come. They don’t hold opinions, they spew them.

Here are some mediation techniques that might just help you survive your next holiday dinner.

Active Listening (or Pretending Really Well)

Try to master the art of active listening, which is really just nodding while Uncle Ernie and Aunt Edna rant. It’s like agreeing, but not really. Just nod and make noises that suggest interest.

Speaking in Neutral – The Switzerland of Conversations

Adopt the language of neutrality, which is essentially agreeing with everyone and no one simultaneously. It’s an impressive party trick.

These first two ideas will provide you with some protection from your politically crazed relatives, but they won’t stop the fight. You will need some additional tools.

Common Ground: As Elusive as Santa’s Naughty List

Engage in the noble pursuit of helping Edna and Ernie find common ground. It’s there, hidden beneath layers of disagreement and eggnog. Perhaps they both think the holiday music started too early this year. Maybe they both think the dog wearing a Santa hat is cute. You’ve got to start somewhere…

Diplomatic Pirouettes

When the conversation veers towards the political abyss, pivot with the grace of a Nutcracker ballet dancer. “That’s one way to look at tax policy, but have you tried the mashed potatoes?”

Reframing and De-escalating

When discussions become polarized, reframe them. Steer the conversation away from divisive specifics to broader, mutually respected values (or maybe steer the conversation to the food, or a discussion of your cousin’s choice of sweaters and significant others).

The Wrap-Up: Agreeing to Disagree, Vigorously

If none of the above work, try to end the argument with a skillful summary and wrap-up. Find a summary that pleases no one and resolves nothing. “So, what we’ve established is that we all have opinions. Fascinating. Now where is the pecan pie?”

The Artful Dodger

The information above can be a lot to assimilate before the holiday dinner, so there is one more suggestion that always works. Arrive early, sit at the other end of the table, and let Aunt Edna and Uncle Ernie be someone else’s problem.

Conclusion: Surviving with the Family Still Intact

As you navigate the choppy waters of family political debates, remember that the goal is not to change minds but to exit the conversation with your sanity, your sense of humor, and your family relationships intact. Here’s to a holiday season where the most heated debate is about the best type of pie.

Mediation Basics – Preparing the Client

info on March 28, 2023

Mediation Basics – Preparing the Client

By: Rick Morefield

Failing to fully prepare a client for mediation is one of the most common errors I see newer lawyers make in mediation. Newer lawyers know that it is important to educate the mediator about the case, but they sometimes miss the importance of educating the client not only about the case, but also about what to expect in mediation. Mediation is a process. It requires the client to exercise patience. It requires the client to have faith in the lawyer, the mediator, and in the mediation process. But, a client cannot be expected to trust the process if the client doesn’t know what to expect. Even clients who have been through mediation in other cases need a quick refresher that focuses on the unique aspects of the current case.  Below is a quick list of topics to cover.

1. Explain what will happen in the opening session. 

Typically, the mediator explains the process, but it helps if the client has heard an overview from their lawyer first. This should include information about anything unique to expect from the mediator. It is becoming more common for parties to skip an opening statement. If opening statements will be given, make sure the client knows that the opponent may make statements or arguments that offend them.  If your client is forewarned, your client will be more likely to keep control of their emotions. It is equally important to explain to your client that your opening statement is advocacy and they should take it with a grain of salt.

2. Explain that the initial offers and demands at mediation will usually be unacceptable to both parties. 

Defendants typically start with ocean bottom offers; plaintiffs tend to make sky-high demands. Remind your client this is a process and to let the process play out. If the client is surprised, their emotions may derail the mediation.

3. Have a frank discussion with your client about the strengths and weaknesses of their case. 

No case is perfect. Mediators will tend to highlight case weaknesses during caucus sessions. Clients are better able to trust the mediation process if they have already heard about the weaknesses in their case from their own attorney. If they hear about weaknesses for the first time from the mediator, they may tend to lose trust in their lawyer or in the mediator. 

4. Warn the client that the mediator will ask hard questions in the caucus sessions. 

It’s the mediator’s job to help each party see the weaknesses in their case. Remind your client that the mediator is doing the same thing in the other room. Encourage your client to listen to the mediator and carefully evaluate what they hear. The mediator wants a good outcome for the parties.

5. Remind your client to keep a poker face when the mediator is present. 

When a satisfactory offer or demand is made, the client should not look too happy. More negotiating may lead to a better offer or demand. When an offer or demand is disappointing, the client should avoid arguing with the mediator. You should discuss with your client when or if they should discuss the case with the mediator and when they should defer to you. 

6. Provide your client with a detailed understanding of the costs and the risks of trial so your client can have context to evaluate the reasonableness of settlement offers or demands. 

Make sure your client is aware of any additional costs that may be incurred if the case proceeds to trial. It is helpful to prepare a spreadsheet for clients that shows what they would take home from a settlement after deducting fees and expenses. The spreadsheet should also show their “take home” with different potential outcomes at trial. For defendants, the spreadsheet should show the “all in” cost of a settlement compared to the cost of different outcomes at trial. Without this information, your client may not understand the real impact of a settlement on their life or business.

7. Finally, ask your client what their needs are. 

Does your client want to go to trial? Does your client consider trial unthinkable? The goal of mediation is to maximize the benefit to your client. Knowing your client’s desires and needs will help you provide better advice at mediation.

Mediation: Taking the Uncertainty Away from Trial and Reaching an Agreed Outcome

info on February 27, 2023

Mediation: Taking the Uncertainty Away from Trial
and Reaching an Agreed Outcome

Are you involved in a lawsuit and facing the uncertainty of a trial? Are you looking for a way to avoid that uncertainty and reach an agreed outcome? If so, mediation may be the answer. Mediator and trial attorney Rick Morefield had a recent experience that demonstrates how the outcome of a trial depends as much on the jurors selected to decide the case as it does on the quality of the case or the skill of the lawyers.

ABOTA and ABA Offer Trial Academy for Less Experienced Lawyers: Lessons Learned from a Product Liability Case

In September 2022, the American Board of Trial Attorneys (ABOTA)  and the American Bar Association (ABA) Tort Trial and Insurance Practice Section offered a one-week Trial Academy to provide training for less experienced trial lawyers. Mediator and trial lawyer Rick Morefield was one of the instructors and mentors. During the week, the students got to practice and receive training on jury selection, opening statements, direct examination, cross examination, and closing argument. At the end of the Trial Academy, the students conducted a full trial in front of a jury picked from the normal state court jury pool in Reno, Nevada.

This year’s trial was a product liability case involving a young boy who allegedly suffered a traumatic brain injury that was caused by a defective roller coaster. The Trial Academy had enough jurors available that it was able to have the entire jury pool observe the trial, but then it split the jury pool into two separate juries for deliberations. The two juries deliberated in separate rooms while the students and instructors watched the deliberations on a video feed. One group of jurors rendered a verdict for the plaintiff and awarded $5 million in damages. The other group of jurors rendered a verdict for the defendant. It is shocking that two juries who heard the same facts and arguments presented by the same lawyers at the same time reached such wildly different verdicts. Although this was an unexpected outcome, it was a valuable lesson for both the students and the instructors. The same thing can happen in a real trial. Regardless of the skill of the lawyers and the justice of the cause, trial lawyers and their clients are ultimately at the mercy of their jury. 

The Importance of Mediation

This is why mediation is so important. A skilled mediator can help all parties see what could go wrong at trial and avoid the uncertainty of a jury verdict. Mediation allows the parties to bypass the uncertainty of trial and the unpredictable nature of juries. Mediation allows the parties to control the outcome of their case by reaching a settlement with the assistance of a skilled mediator.

Save Time, Money and Relationships

While mediation does not guarantee that an agreement will be reached, it does provide an excellent opportunity for parties to have honest discussions with a neutral mediator about the strengths and weaknesses of their case. This can save time, money and stress associated with trial. Mediation can also help to preserve relationships between people who will have to do business with each other in the future. 

Avoid Lengthy Trials and High Legal Fees

Mediation gives parties the chance to find a resolution that works for both sides and that takes less time  and money to achieve. By reaching an agreement through mediation, parties are able to minimize costly court fees, expert witness fees, attorneys fees, and the time associated with a lengthy trial and possibly an appeal. 

MSB Law: Your Trusted Partner in Mediation

Mediation is a great alternative to trial for resolving legal disputes. MSB Law provides highly experienced Overland Park and Kansas City mediation lawyers for many different types of claims and disputes. Rick Morefield heads the firm’s mediation services practice and regularly serves as a mediator in Overland Park, Kansas City and throughout Kansas and Missouri. 

If you need a mediator, call us at (913) 839-2808 to get on Rick’s schedule!

Pros and Cons of Zoom Mediation

sagemediation on June 7, 2022

Pros and Cons of Zoom Mediation

During the Coronavirus pandemic, many people turned to Zoom and other virtual platforms for mediations. Zoom and other virtual platforms provided a social distancing alternative to traditional face-to-face mediations.

When considering whether or not to mediate using Zoom or another virtual platform, there are a few pros and cons to consider.

Advantages of Zoom/Virtual Mediation

Lower Cost

Virtual mediation can be substantially less expensive than in-person. The biggest reason for this is the lack of travel time and expenses for the mediator and parties. What might have involved a day of travel or even an overnight hotel stay for a face-to-face mediation is not necessary when mediating virtually. This reduces costs for parties, their attorneys, and the mediator because they will not need to travel to attend the mediation session. This lower cost can also make mediation financially feasible in smaller cases. 

Eliminates Geographical Barriers

Zoom mediations offer much more flexibility for parties spread across geographical locations. In many cases, time devoted to the mediation process can be reduced substantially. With virtual mediation, scheduling becomes easier. Zoom mediation can eliminate geographical barriers and physical barriers for those who are severely disabled, in poor health, or who reside a great distance from the mediator.  

Security and Privacy

Virtual platforms for mediation now have security and privacy capabilities such as Zoom’s waiting room feature which gives the mediator the ability to have control over when the parties join the mediation. Zoom allows the parties to enable end-to-end encryption which secures the participants’ communications with cryptographic keys that are only known to the devices of those participants. Keeping the meeting’s private keys secure ensures that unwanted third parties will be able to access the meeting. However, enabling end-to-end encryption can disable certain Zoom features that are useful in mediation such as breakout rooms. The parties and the mediator have the ability to select the security and convenience features that work best for their particular mediation.

Breakout rooms in Zoom allow the mediator to meet privately with each party and their attorney. The mediator can put each party in a private breakout room and have independent discussions in the same way that the mediator would use separate conference rooms in an office.  

Disadvantages of Zoom/Virtual Mediation

While the following disadvantages of Zoom mediation may not be present in every situation, there are some potential downsides to conducting mediation virtually. 

Less Non-Verbal Communication

Meeting with people on a screen has some major differences from meeting face-to-face. Virtual mediation may deprive parties of the opportunity to read non-verbal cues and body language. When the mediator has never met the parties or lawyers in person, they must work differently to establish the same rapport. Having video mode on is certainly more beneficial than strictly audio calls, but it still may be difficult to observe eye contact, body language, and other forms of non-verbal communication. People who are unfamiliar with Zoom or other such platforms might feel that they cannot establish the same level of connection with the mediator or the other side, which may hurt the chances for a successful mediation. While remote mediation does change some aspects of human interaction, most people do find that feelings of discomfort dissipate with time and genuine connections are still attainable. We have found that Zoom mediations can be very effective. 

Less Commitment 

The lower cost and greater convenience of virtual mediation is one of its greatest advantages. But, this advantage is also one of the biggest disadvantages of virtual mediation. Because virtual mediation is less expensive and more convenient than in-person mediation, the parties can be less committed to the mediation process in some cases. There is a legitimate concern that one or all parties will not take the process as seriously as if they had to dedicate travel time and expenses. When a party sends a representative across town, or books a flight on an airplane, they’re more likely to be serious about getting something accomplished. For mediation to work, the parties must be committed to the process. Although this disadvantage is real, we have found that the mediator and the parties can work together in advance of the mediation to make sure everyone is committed. When the parties are mediating by Zoom, it is important for the parties and the mediator to frankly discuss the issue of commitment.   

Technical Issues

Technical issues can cause distractions and impact the success of the mediation. If a party’s internet connection is not strong, or if their laptop or computer is malfunctioning, it can interrupt the flow of the mediation and this can impact the parties’ ability to get the most out of the mediation. It is the mediator’s responsibility to work with the parties in advance to be sure that the parties have the technology to participate in the mediation in a meaningful way.

In Conclusion…

Virtual mediation on platforms like Zoom developed rapidly out of necessity, but it is here to stay. Although there can be drawbacks to virtual mediation, there is no reason that virtual mediations cannot be successful if the parties plan for and consider the advantages and limitations of the technology.

At Morefield Speicher Bachman, LC, Rick Morefield is prepared to serve as a mediator in person or over Zoom. He has had experience and success with both virtual and in-person mediations and is comfortable assisting parties who have never mediated over Zoom. All of the lawyers at Morefield Speicher Bachman, LC are prepared to mediate for their clients in both virtual and in-person settings. 

Your preferences are important to us and we will continue to offer to each and every one of our clients the opportunity to meet with us–on your terms. We are here for you. Contact us today at  (913) 839 2808 to discuss our mediation services.

What is a Mediation?

sagemediation on October 1, 2020

What is Mediation?

Mediation is an alternative to a jury trial that often leads to the settlement of lawsuits and legal disputes. Mediation can take place before or after a lawsuit it filed. It is now common for judges to order the parties in a lawsuit to mediate a case before it goes to trial. Judges know that many cases can be resolved in this way without the time, expense, and uncertainty of a jury trial.

What Happens at a Mediation?

Mediation is a less stressful and more collaborative process than a jury trial. Typically, a mediation will take place at the office of one of the attorneys or at the office of the mediator. You and your attorney will spend most of your time in a private conference room. The other party to the dispute and his or her lawyer will spend most of their time  in a different conference room.

Often the parties will meet together with the mediator at the beginning of the process to discuss the procedures and to give an overview of each party’s view of the case. This is not like a closing argument. Most skilled attorneys present an overview of their case and do not “come out swinging.” Why? Because the purpose of a mediation is to create an opportunity for focused discussion, negotiation and compromise. Compromise is difficult when tempers are high. Sometimes one of the attorneys will give an antagonistic presentation in the mistaken belief that this will somehow help his or her client. We know that the best response is to not react. The goal of mediation is to reach a mutually agreeable settlement. This is not a Facebook argument where one scores points by being witty and insulting.

A substantial portion of the mediation involves private caucuses. In plain English, the mediator spends time individually with each side exploring the strengths and weaknesses of their case. The mediator encourages the parties to consider options for settlement. The mediator helps each side better understand the risks and the potential benefits of going to trial. In many, but not all cases, the mediator is able to help the parties reach an agreement to settle the case. In some cases that don’t settle at mediation, the parties will reach a settlement a week or two later. If settlement is still not possible, the parties move forward to trial.

One of the benefits of mediation and one of the reasons it can be so effective is that it is largely voluntary. Each side has the right to say “No” to any proposal. Because each party knows that the other party can end the mediation, each party has an incentive to cooperate in the process.

Why Would You Settle Instead of Go to Trial?

If you have already hired our firm, you probably did so because we have the experience and the ability to succeed in the courtroom. If you hired us because we are good trial lawyers, you may be wondering why you would settle your case rather than go to trial.  The first answer is a simple one. When you hire a lawyer who is skilled in the courtroom, you actually have a better chance of obtaining a fair settlement. The other side knows that you can hold their feet to the fire. If the other side offers a fair and appropriate settlement and you can avoid the time, uncertainty, and expense of trial, it often makes sense to settle.

There are many other circumstances where settlement makes sense. In some cases, the key facts are in dispute and the outcome at trial is uncertain. You may want to avoid that uncertainty with a settlement. One of the parties may not have sufficient assets to pay a fair settlement and you may decide to settle for what is available. The law may be uncertain in your particular case. Or, there may be a time issue or other personal issue that affects your willingness or ability to wait for trial. Every client’s situation is different.

There are many factors that affect whether it makes sense to settle or go to trial. We carefully advise our clients about the risks and rewards of trial and settlement. Ultimately, the choice belongs to you as the client, but we will provide you with legal and factual information, advice, and recommendations so your decision will be a well-reasoned one that works for you. You do not have to make the decision alone.

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