Mediation strategies? I feel like the defense just goes in with the number they want to get it done at and makes BS offers until they get to that number, call it their best and final, and my only option is to take it or try the case.

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Plaintiffs do the same thing.

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Bring your best evidence (expert reports, etc) and have the mediator educate the other side so they can appreciate your side’s valuation of the case.

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This is really good advice. Thank you!

One side will offer a ridiculously low offer and the other will offer a ridiculously high offer. But both parties know dang well that they’ll meet in the middle

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I’m a defense lawyer switching back to plaintiff side tomorrow (opening my own firm). This is true of both sides of the fence but my best advice to get the best offer is to provide a demand and all medicals to defense at least 60 days before mediation. That’s around the time settlement authority is requested and it allows for less surprises at mediation. Making your case or bringing evidence to mediation for the first time doesn’t help anyone.

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True that’s what happens on both sides. For me, I use mediation as an opportunity to truly learn and understand the way they intend to defend the case. Get them to show as many cards as possible while holding my best ones close to the chest. If I can do that, and the case doesn’t settle, I’ll have gained invaluable information for overcoming summary judgment (if not already done) and prepping for trial.

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