Is There a Quick Way to Bottom Line Case Value? Warning: Candor is Required for This to Work If you prevail at trial, what is the high damages amount? ($500,000) What is the probability of a high damages amount?…
Confirmation Bias Defined: Once a decision is made, we over-weight new data that confirms our opinion/decision and under-weight new data that disconfirms our opinion/decision. We selectively filter information to which we pay attention or give value. We embrace information that…
BRIEF AT A GLANCE Do you wonder if the mediator understands your case? Including a “Cliffs Notes” face page on top of the detailed brief provides a valuable road map for you and the mediator. I appreciate counsel who provide…
LET’S NOT MAKE A DEAL: An Empirical Study of Decision Making in Unsuccessful Settlement Negotiations http://www.blakemcshane.com/Papers/jels_settlement.pdf This study quantitatively evaluates the incidence and magnitude of errors made by attorneys and their clients in unsuccessful settlement negotiations. The study analyzes 2,054…
DID YOU KNOW? PAGA Amendments Effective 7/1/16 are intended to increase LWDA oversight and decease unnecessary litigation. Query whether they do. Extended deadlines and online filing are new. From my mediator’s perspective, these seem important:1) LWDA must be served with…
