• Sharing Bad News Can Lead to a Deal
  • April 27, 2017 | Author: David W. Henry
  • Law Firm: Marshall Dennehey Warner Coleman & Goggin, P.C. - Orlando Office
  • Premediation submittals are helpful. Surprisingly, mediators routinely tell me — and my own experience confirms — that such submissions from counsel are often lacking. We may get one statement or a letter but rarely two. The position statement should be an overview of the case but more about the interests of the parties and not a presentation of every theory or affirmative defense. Mediators need to know the players, the sources of funds, the egos, whether there is insurance coverage, the underlying interests of the parties and the impediments to resolution. Voluminous pleadings and motions are not usually critical reading. The architecture of a deal should be explained, as well as anticipated problems.