MEDIATION TIP #7 – WHO PICKS THE MEDIATOR? September 11, 2014 by Glenn Loewenthal As a mediator, I am privy to being able to ask this question to both plaintiff and defense counsel. I am not surprised by the answers I get. For the most part, when I ask this question to attorneys representing the plaintiff, [...]

MEDIATION TIP #6 – WHAT’S GOING ON IN THERE? July 30, 2014 by Glenn Loewenthal Will Ferrell meatloaf scene (click to view) I was speaking at a recent seminar where a question was asked by a Plaintiff’s lawyer:  “Why do you spend so much more time in the defense room than in the plaintiff room; What are [...]

MEDIATION TIP #5 – DON’T LEAVE THE SMOKING GUN IN YOUR HOLSTER May 22, 2014 by Glenn Loewenthal This week’s mediation tip applies equally to both sides. At the beginning of every mediation, I always encourage all the participants to share everything with the other side that could potentially impact the value of the case. However, [...]

MEDIATION TIP #4 – DON’T SELL THE OPENING STATEMENT SHORT April 30, 2014 by Glenn Loewenthal As we move through our mediation tips from pre-mediation all the way to the final resolution, the next stage I want to address is the opening statement. I wholeheartedly believe that the opening statement is the most undervalued part of [...]

MEDIATION TIP #3 – IS YOUR CASE REALLY READY FOR MEDIATION? March 25, 2014 by Glenn Loewenthal This week’s topic might have been more appropriate for my first tip, but I will from time to time address a topic that is fresh in my mind based upon recent experiences. Before you schedule your case mediation, ask [...]

MEDIATION TIP #2 – CHANGING PRE-MEDIATION DEMANDS AND OFFERS March 17, 2014 by Glenn Loewenthal Mediation Tip #1 dealt with knowing what offers and demands have been made prior to the mediation session. Another problem I frequently see that will derail the beginning of a mediation session is when the plaintiff makes an opening demand that [...]

MEDIATION TIP #1 – KNOW YOUR PRE-MEDIATION DEMANDS AND OFFERS March 4, 2014 by Glenn Loewenthal This is my first in a series of mediation tips to help you get your cases resolved at mediation. The reason this tip is the first in the series is because this is sometimes the first dispute that comes up [...]

MEDIATION TIPS February 27, 2014 by Glenn Loewenthal Every time I participate in a mediation, I learn something that will help me as a mediator or that will help the parties that are mediating. What sometimes seems small or trivial to the parties and their attorneys can actually be pivotal in helping to resolve a case. [...]