Publications
Joe Ramsey has recently decided to share his observations and suggestions how practicing attorneys can more effectively advocate their positions in ADR practices and activities. His current publications concern mediation and arbitration practice and may be of some help both to practicing attorneys and mediators. He welcomes any comment you may have on the subject matter of his publications.
Obtaining Better Mediated Settlements
In recent years, I have encountered increasing resistance to the mediation format I was trained to follow that has always worked well for me. The primary recurring suggestion from participating counsel is that starting with a joint session is unnecessary or even counterproductive. Usually, I convince counsel that the open meeting is vitally important to success of the mediation. Sometimes I cannot get agreement and dispense with the open meeting only to convene one later when it becomes obvious, usually for purposes of time and cost efficiency, that a joint session is helpful.
[Read the entire article...]
Making Your Best Case in Mediation
A primary mediation goal is to convince adverse parties that your case is strong and they would be well-advised to compromise sufficiently to resolve the dispute. The traditional mediation model affords two major opportunities to make your best case. One is the mediation brief, and the other is an early joint mediation session with all participants.
[Read the entire article...]
Overcoming Mediation Obstacles
Four common obstacles to settlements which I regularly encounter are: (1) Starting with extreme positions. (2) Diametrically opposed perceptions of the same evidence. (3) Marked changes in negotiating direction. (4) Extreme distrust. Here are some thoughts about how to overcome them.
[Read the entire article...]
Preparing Clients for Mediation
Your chances of a successful mediation will depend largely on your client’s attitude about and participation in the process. He needs to approach the mediation rationally, be willing to listen with an open mind, and be patient to give the process a chance. At the outset, you may need to persuade him that it is counterproductive to dwell on emotions like revenge, mission, or principle. Such emotions interfere with the logical thought processes needed to make reasonable decisions about settlement and trial. Here are my recommendations how to get past the emotion and prepare your client for successful mediation. The recommendations assume the mediation will follow the traditional format of exchanging briefs, a joint session, and private sessions.
[Read the entire article...]
Obtaining Better Arbitration Results
Published in Plaintiff March 2010 and published in Defense Comment Summer 2010
As the binding arbitrator in a substantial number and variety of civil cases, I have observed that counsel who get consistently better results are those who approach the hearing with the same focus that good trial lawyers bring to trials. Here are some basic reminders which should help get better arbitration results.
[Read the entire article...]
Starting Right and Staying Right with Civil Litigation
Published in Daily Journal, August 2010
The most important time in any litigated case is the beginning. If you start right and follow a well-considered game plan, the case will likely stay on track, and you will end with a satisfactory result. Here’s how to do it in a time and cost-efficient manner.
[Read the entire article...]
Civility and Professionalism Get Better Results in Civil Cases
“Civility” means dealing with others with courtesy and respect. The first of George Washington’s 110 “Rules of Civility & Decent Behaviour in Company and Conversation” is instructive. That rule provides that “(e)very action done in company ought to be with some sign of respect to those that are present.” For purposes here, civility will be taken to mean dealing with courtesy and respect for opposing counsel and the court in every phase of civil litigation.
[Read the entire article...]
The Case From Hell
Every experienced civil trial lawyer likely encounters an occasional case which drives her nuts. Everything that can go wrong does. The harder she tries to turn things around, the worse they get. How does one deal with the occasional “case from hell”? Some practical solutions which usually work include a disciplined reassessment of the case, getting an independent view, and, finally, gritting one’s teeth and doing what has to be done to get satisfactory closure. Sometimes this means going forward with corrections. Sometimes it means advising the client that the case lacks merit and fashioning an orderly shutdown. This paper assumes that withdrawing as counsel is not an option.
[Read the entire article...]
What Clients in Civil Cases Need to Know
Clients want to hear that they have a great case, that it will be resolved shortly, and that it will not cost an arm and a leg. However, our obligation is to tell them what they need to know. We must give them a realistic assessment of their chances of success, how long it will take to resolve the matter, and what it is likely to cost. They also need to know about the emotional distress which usually accompanies civil litigation. They are entitled to our best assessments and estimates of these matters as soon as we can responsibly provide them
[Read the entire article...]
[top]