Jay Young | Retired Las Vegas, Nevada Judge | Mediator | Arbitrator | Special Master
The parties labor through hours of negotiations to resolve a hard-fought case. After the congratulating is done, one party is tasked with drafting the release and settlement agreement. Too often, whether over substance or ego, the negotiation over the form of the agreement spoils a good, mediated result. Sometimes, a party will claim that a…
Read More “Mediation Tip #25: Begin With the End in Mind” »
There are situations where our humanity, assuming attorneys are still humans, cries out for an apology. Yet they are seldom used in settlement negotiations even when they might assist to resolve the matter. Perhaps we are afraid of the statement being used against our client in case the matter doesn’t settle at mediation? That concern…
Read More “Mediation Tip #24: An Apology is Privileged Settlement Communication” »
Most clients are not familiar with the rhythm and flow of a mediation. Reviewing the social norms with them prior to the mediation may be useful to orient their expectations. The following are some principles of distributive bargaining that lawyers in most cases generally expect to be observed: Non-repeat players in mediation tend to negotiate…
Read More “Mediation Tip #23: The Dance for Dollars is Choreographed” »
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…
Read More “Mediation Tip #21: You Make the Call” »
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.
Nevada Rules of Civil Procedure Rule 51. Instructions to the Jury; Objections; Preserving a Claim of Error (a) Requests. (1) Before or at the Close of the Evidence. At the close of the evidence or at any earlier reasonable time that the court orders, a party may file and furnish to every other party written…
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NRS 38.259 Certain written findings concerning arbitration required; admissibility of such findings at trial anew before jury; instructions to jury. 1. If an action is submitted to arbitration in accordance with the provisions of NRS 38.250 to 38.259, inclusive, the arbitrator or panel of arbitrators shall, in addition to any other written findings of fact or conclusions…