Jay Young | Retired Las Vegas, Nevada Judge | Mediator | Arbitrator | Special Master
Neil Armstrong is famously quoted as saying, “Well, I think we tried very hard not to be overconfident, because when you get overconfident, that’s when something snaps up and bites you.” Overconfidence in a mediation can bite us. 80% of professional truckers believe they are safer than the average driver. 94% of college professors think…
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The post emphasizes the importance of listening in mediation, as highlighted by a grandfather’s advice. Lawyers often become defensive, hindering effective communication. A better approach involves understanding opposing views, acknowledging potential risks in court, and explaining their strategies to clients, thereby promoting informed decision-making and reducing malpractice risks.
Give your mediator a call after you send that mediation brief. Think of it as a chance to advocate the strength of your position before the mediation begins. Consider discussing: I often learn more in these calls than I do from the parties’ briefs. They are invaluable and assist in allowing a smooth opening of…
All parties directly involved in the dispute should attend the mediation. You and your attorney, as well as the other party and their counsel need to appear. Anyone who would be responsible for paying or approving the settlement amount should attend. If an insurance company will be paying for any settlement, a representative of that insurance company who…
Read More “Mediation Tip #20: Who Can Attend Your Mediation?” »
The Randall Kiser Study indicates that rejecting the final mediation offer leads to regret, with plaintiffs faring worse 61% of the time and losing an average of $43,000. Defendants also risk higher costs if trials do not favor their last demand. Settling early can avoid stress and uncertainty, even amid discomfort.
Being the first party to make a monetary demand at mediation can be advantageous because it may serve to anchor (a cognitive bias where an initial offer influences by serving as a reference point around which all parties’ future offers revolve) the parties’ view of the value of the matter. It is natural to make…
Read More “Mediation Tip #18: Piggies Get Fat and Hogs Get Slaughtered” »
For successful mediation, both attorneys and clients must manage their expectations regarding outcomes. Lawyers should avoid expecting a settlement equal to a best-case trial verdict, while clients must understand the mediator does not issue verdicts. Compromise is essential, and being prepared to discuss case strengths and weaknesses can facilitate resolution.
This blog post questions the applicability of the Vanguard ruling, which mandates full disclosure regardless of potential liability. The author suggests reassessing this strict requirement in light of proportional discovery standards established by Nevada’s NRCP.
In Washington, state courts mandate complete disclosure of insurance policies in civil actions. In a personal injury case, defense counsel failed to disclose a $25 Million policy, leading to sanctions of $1 Million against their law firm for violating Rule 26(g). This order illustrates the necessity for thorough compliance in disclosures to avoid penalties.
Michael Kosor, Jr. purchased a home within an HOA that delayed board member elections until 75% of units were sold. He claimed voting rights violations after the threshold was met but did not pursue pre-suit mediation required by NRS 38.310. The court affirmed that the mediation requirement was procedural, not jurisdictional.