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Victoria Pynchon

I mediate and arbitrate complex commercial disputes, the former with ADR Services, Inc. in Century City and the latter with...

She Mediates

ADR Services, Inc.

She Negotiates

She Negotiates

The 33 cent wage and income gap is unacceptable and unnecessary. So is the cliché glass ceiling. Bottom line, our...

Trial Lawyers' Dilemma Similar to Mediation Advocates' Dilemma: Making the Initial Demand

Check out Trial Lawyer's Dilemma:  How Much to Ask for at the Palm Coast Injury Law Blog this week.

As lawyer Phil Chanfrau observes:

Knowing how much to ask the Jury for  is a delicate, tough and lonely decision for any plaintiff's trial lawyer, no matter how skilled,  and experienced he is.   If he asks for too little, the jury award will not be adequate.  Too much and the jury will be insulted.  The venue should and must be considered too.  In a place like Flagler county, jurors may feel a lawyer is asking for too much, whereas under the same facts in south Florida, another jury may easily feel at home with a large damage award.

Remembering that the advantage in negotiation is always to the party who makes the first reasonably aggressive first offer the decision about how much to ask the jury for should be similar to how large the initial demand in a mediation proceeding should be.  Too much and the mediator not only spends the next hour or so defusing hot tempers on the other side, you lose most if not all of the advantage of anchoring.  For a discussion of anchoring, click here, here and here.

Comments (1)

Read through and enter the discussion by using the form at the end
sandy upchurch - November 24, 2009 3:21 PM

Victoria - I did not even know that Phil Chanfrau (from my neck of the woods) was blogging. Thanks to you I am now able to follow the blogs of one of my local colleagues and occasionally make reference to his blogs and offer comments. I have invited him to our blog (http://uwwm.blogspot.com) as well. It takes an ADR practitioner from LA to bring two locals together - just crazy!!

Sandy Upchurch

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