Alternative Dispute Resolution
Aug. 8, 2015
Every litigated case needs optimists
When the pessimist and optimist meet at mediation, the parties and their lawyers may bring a host of biases to the negotiation.
Jan Frankel Schau
Neutral
ADR Services, Inc.
1900 Ave of the Stars Ste 250
Los Angeles 90067
Email: jfschau@adrservices.org
Loyola Law School; Los Angeles CA
After the second amended complaint has been answered and the contentious first round of depositions has been taken, the parties finally reach their first agreement in almost a year: Let's try mediation.
As they invest the time and effort to prepare a comprehensive and compelling mediation brief, the defense attorney, a classic pessimist, discovers a secret that will affect every aspect of the case: The plaintiff has committed res...
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