Category Archives: ADR

The Difference Between an Expert and an Expert Witness

We think how we speak after awhile. An expression can become detached from its origins and then lead to blinders.  In litigation world, saying “expert” and not “expert witness” is one of the particularly bad ones, made worse by its near universality. … Continue reading

Posted in ADR, Depositions, Jury Psychology & Dynamics, Trial, Writings | Tagged , , , , , , , , , , | 1 Comment

Francis Scott Key Was a Lawyer. Don’t Be Like Him.

Get a piece of paper and a pen, and try the following puzzle. Seriously, try it—it will make this much more fun and you might learn something kind of profound. Ready? Here is the challenge:

Posted in ADR, Jury Persuasion, Opening Statement, Trial, Writings | Tagged , , , , , , , , , | 11 Comments

Leveraging Mediations Into Good Settlements

(This is my article published in the June 3, 2013 edition of ‘The Recorder’)

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‘The Recorder’ published an article of mine on mediation

It will be in the print edition on Monday, June 3, 2013, and is online now: I will publish it here when I get permission from American Legal Media. It’s about leveraging mediations into settlements by using two different methods … Continue reading

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