When You Are in a Lawsuit, Don't Lose Sight of the Elephant in the Room

May 27, 2020 @ 12:50 PM · attorney fees, courts, litigation & lawsuits

Its not easy to find or part with the money often needed to settle a lawsuit.   You might think that your toughest negotiations will be with the opposing party.  However, there is often an even larger stakeholder in the dispute; someone on your own side; someone who will likely have to be paid first from whatever proceeds are generated upon resolution of the lawsuit; someone who you might have already agreed to pay more than you could ever reasonably expect to recover in court.


The American Rule of Damages

If you are not careful, the biggest damage and expense that you will incur will be your attorney fees.  In the United States, the average cost to try a civil lawsuit is between $43,000 and $122,000.  Why ...

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It's Not Compromise When You Give Up Something You Never Had

May 22, 2020 @ 12:49 PM · mediation


Emperor's New Clothes is an old children's story by Hans Christian Andersen about an emperor who pays a lot of money for some new “magic clothes” which he is led to believe can only be seen by wise people.  The clothes do not really exist.  The emperor, however, does not want to admit he cannot see them because that would mean he must not be wise.  So, he parades around his kingdom, essentially nude, hanging on to his belief that he is wearing these magic clothes.  None of the townspeople want to challenge the emperor’s foolhardy belief, so everyone pretends to see the magic clothes too.  That is, until a child shouts, "the emperor has no clothes on!"


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How to Slow the Flood of New Lawsuits

May 21, 2020 @ 9:10 PM · courts, mediation

The court system was never designed or intended to handle every civil dispute that arises.  However, that doesn’t seem to stop people from continuing to file lawsuits in record numbers.  Unfortunately, only about 5% of all cases filed ever last long enough to get to trial.  More than 95% of all cases filed are later determined to be legally insufficient or otherwise abandoned by the parties  before anything is decided in court.  What a waste of time and money.  We, as a society must do a better job to resolve more of our disputes BEFORE racing to the courthouse.


Add ADR Provisions to All Contracts

There is a lot we can do on our own to handle disputes without wasting so much time in court.&...

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Coronavirus: Financial Triage for Small Business - Part 1

April 6, 2020 @ 12:38 PM · coronavirus, liquidity vs solvency, small business

Liquidity vs Solvency

If you are a small business, its easy to lose hope in such difficult times.  No doubt there will be many business casualties to go along with the many personal losses; but, for most businesses, I believe it’s much too early to give up.  What we have right now is a liquidity crisis. This pandemic is estimated to take over one trillion dollars out of circulation.  How much money will return to the world economies after it’s over is anyone’s guess.  If you can weather the storm until the virus passes, you have a chance.  It all boils down to careful, creative and courageous management of your cashflow, both inflows and outflows.   Sure, you can apply for more loans ......

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Is Justice Better Served in Court or at Mediation?

April 6, 2020 @ 12:14 PM · courts, justice, mediation

Symbols of Justice: Blindfold, Scale and Sword

When you have a conflict or dispute that you can't resolve on your own, where do you go?  You want to take your problem to a place where you can speak and be heard, a  place  where you can be assured that justice will be administered, a place where your problem can be solved once and for all.  Most people think a courtroom is the best place to do this. However, you might be surprised to learn here that a mediator and a mediation conference can actually administer more justice than a judge or jury in court.  Let's closely examine the symbol of justice, Lady Justice. She sets the ...

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