We built The Mediator's Assistant to help mediators and their clients avoid positional bargaining impasse and achieve better results in mediation by more accurately assessing the financial value/risk of lawsuits. The tool uses our proprietary Dual View Assessment™ system, which gives users valuable insights into the other side's perspective.
The package includes worksheets for attorneys on each side, a case value and risk analysis tool for each side, model jury instructions, checklists, and other resources. Developed by a mediator for mediators, The Mediator's Assistant helps legal professionals gain insights into cases that will help them Win Before Trial. |
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Win Before Trial: What lawyers Must Know to get the Best Outcomes Possible. This comprehensive 203 page e-Book covers litigation strategy, predicting litigation outcomes, and estimating the financial value and risk of continuing a lawsuit to a final judgment. This book lays the foundation for our dual valuation method. Buy now for $25 or get your free copy as part of The Mediator's Assistant package. Offer available for a limited time only.
"The best generals
win without fighting." -Sun Tzu, The Art of War Preview: Download chapters 1 & 2
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"For the rational study of the law the blackletter man may be the man of the present, but the man of the future is the man of statistics and the master of economics."
-Oliver Wendell Holmes, Jr. The Path of the Law |
"The general who wins the battle makes many calculations in his temple before the battle is fought. The general who loses makes few."
-Sun Tzu |
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Solving the Biased Judgment Problem |
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The Neuropsychology of
the Reckless Litigator by: Michael Palmer 
A significant percentage of lawyers reject sensible settlement proposals, preferring trial with financially worse outcomes. This essay posits the hypothesis that the reckless litigator phenomenon is caused, at least in part, by aberrations in the neurophysiology of the reckless litigator’s brain in conjunction with four established cognitive biases and heuristics and the male tendency to contend when rank and status are not defined by social roles.
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Strategic Thinking for Mission Success
by: Michael Palmer 
Litigation is as much a part of business as annual reports and tax returns. The question for corporate leaders and managers is not whether lawsuits will occur but whether the risk of litigation and the lawsuits themselves will be well managed. This article discusses how to achieve that goal. The development of good metrics and analytics is a key aspect of the strategies for achieving both objectives.
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Which is Better:
The Deal or The Ordeal? by: Michael Palmer 
Five-year old Valerie Lakey is horribly and permanently injured when the water recirculation system traps her at the bottom of a wading pool. Her medical care, including as many as a dozen surgeries and a long line of specialists, will cost millions of dollars, not to mention the loss of any chance for a normal life. Her parents file suit on her behalf against various defendants, including the manufacturer of the missing drain cover.
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