Tyson & Mendes’ Post

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Some great advice from our Partner Edward Leonard!

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Partner at Tyson & Mendes

A successful mediation is based on thorough preparation. Knowledge of facts both favorable and unfavorable is key, as is understanding your opponent’s position and impediments to case resolution. Your client and carrier must be prepared and ready to settle. Have a strategy, attend the mediation with an open mind and LISTEN to the mediator and your opponent. Know the facts. Economic damages. Persuasive facts on the non-economic side. Understand that future damages must be reasonably certain to occur. Probability is not the standard. Understand that a good settlement makes everyone somewhat unhappy. Avoid thinking that you are going to win the day with your eloquence. Stay loose. Be facile. Listen more and talk less. Persuasion is the goal. Check your ego. Settle cases. Good luck.

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