I am both a litigator and a mediator, and in both of these roles, I am often told that there is absolutely no way that a case will settle in mediation. In my role as a litigator, my client is the one frequently telling me that the case will not settle, and as a mediator, it may be one or both of the attorneys making the same comments. However, in my experience, many of these “impossible to settle” or difficult cases do, in fact, settle.
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Posts Tagged ‘Litigation’
Mediating the Difficult Case
Thursday, September 8th, 201150/50 Ownership Short Circuits a Lawsuit
Tuesday, February 8th, 2011In a recently reported opinion, the Indiana Court of Appeals faced a situation where there were two 50% owners of an LLC. This LLC was member managed and did not have managers or officers. Thus, the actual owners made the decisions. (more…)
To Arbitrate or to Sue?
Thursday, December 16th, 2010There is the rub.
In a recently reported decision in the construction context, the appellate court was faced with what may turn out to be some poor contract management on the part of the parties involved. (more…)
Mediating the Difficult Case
Friday, April 30th, 2010I am both a litigator and a mediator, and in both of these roles, I am often told that there is absolutely no way that a case will settle in mediation. In my role as a litigator, my client is the one frequently telling me that the case will not settle, and as a mediator, it may be one or both of the attorneys making the same comments. However, in my experience, many of these “impossible to settle” or difficult cases do, in fact, settle. (more…)