For the attorney: Expecting your best case scenario trial verdict as a settlement amount at mediation is not reasonable or productive. That concept may seem elemental, but counsel’s expectation to settle at or around their best case trial result is often a hindrance to settlement at mediation. Mediation requires compromise from all parties to succeed. Don’t mistake naked aggression during mediation with effective advocacy. It may stroke your ego but is unlikely to advance your client’s best interests.
For the client: Hopefully your attorney helps you understand that nobody at the mediation will take evidence and issue a verdict in your favor. More often than one would think, clients come to mediation thinking the mediator will decide how much money they are awarded. Trial is a gamble involving a winner and a loser. For mediation to be successful, each side must consider a result that is less than their “win” at trial. Clients who are so ill prepared by their counsel that they expect the mediator to make a decision are not ready for the rigors of a negotiated settlement. They are not acclimated to the environment where they are faced with the relative strengths and weaknesses of their case (often for the first time) and have to think about compromising that pie in the sky expectation about what they think is a fair resolution to the matter. They are often flooded with so much emotion from having to process new information and the concept that they have to decide the mediation outcome that they cannot proceed to a resolution at the mediation. Come to mediation ready to hear how the other side believes they will prevent you from winning at trial. Come prepared to hear that information with an open mind to the risks associated with taking the matter to trial based on this new information and adjust your expectations accordingly.
Hon. Jay Young (Ret.) is a retired judicial officer with decades of experience presiding over complex civil litigation matters. Following a distinguished career on the bench, Judge Young now serves as a mediator, arbitrator, and court‑appointed special master, and discovery referee. Judge Young brings a disciplined, impartial, and results‑oriented approach to dispute resolution. Judge Young is based in Nevada and accepts appointments statewide and nationally, subject to agreement or court order. He can be reached at 855.777.4557 or info@armadr.com
Known for judicial temperament, analytical rigor, and practical problem‑solving, Judge Young assists litigants and counsel in resolving high‑stakes disputes efficiently and with integrity and employing best practices. He is recognized by U.S. News and World Report’s publication Best Lawyers as Arbitration Lawyer of the Year.