featuredblogs resized 216.

Subscribe via E-mail

Your email:

Join the Conversation!

Civil Negotiation and Mediation Blog

Current Articles | RSS Feed RSS Feed

Mediation Preparation: Evaluating the Settlement Value of Your Case

mediation preparation settlement value

An important component in preparing your clients for mediation is evaluating the case value for settlement.  For your clients to be able to make informed decisions about settlement figures proposed by the other side, they will need to know what to compare them against.  Otherwise, they are making decisions in a vacuum.

In my law practice, I used the following simple formula when advising my clients:

Multiply the expected jury award by the percentage chance of losing (for defendants) or winning (for plaintiffs) at trial.  For instance, if I represented the defendant and I thought that if the plaintiff prevailed at trial, the jury would award him between $600,000 and $700,000, and that my client had a 20% chance of losing, then the settlement value of that case is between $120,000 and $140,000.  If I represented the plaintiff, I would multiply the expected jury award by the chance of success at trial and subtract the additional litigation costs between the mediation and the end of trial.  For instance, if the expected jury award were between $600,000 and $700,000, and my client had an 80% chance of winning, then the settlement value of the case is between $480,000 and $560,000, minus the $60,000 in prospective costs and expert fees between the mediation and the end of trial, for a settlement range between $420,000 and $500,000.

Robert Mnookin, the director of the Harvard Negotiation Research Project and a law professor at Harvard, has a more refined analysis in his book, Beyond Winning

He calculates the expected outcome times the chance of success at trial on each issue that will bear on the outcome.  This inevitably creates a more realistic number, and for plaintiffs he includes a calculation of the time value of money.

Every jury trial contains uncertainties:  in how the judge applies the law, in how the facts come in, in how well the experts will testify, in how well the other side’s lawyer tries the case, in how the jury will react, etc.  Factoring in these risks in an objective, quantifiable way is helpful in understanding the settlement value of a case.  Once you have this number, you can plan your negotiation strategy.


Thanks for this helpful post. Not so long ago I published a post called "The Decision Tree, Step by Step: How Much Is Your Million Dollar Case Worth?" at , which helps me get to the settlement value in some of my cases. 
And thanks for keeping the Civil Negotiation and Mediation Blog going -- it's a great resource. 
John DeGroote
Posted @ Tuesday, May 29, 2012 2:53 PM by John DeGroote
Hi, John! 
How nice to hear from you--I appreciate your kind words. I recommend John's blog to all: 
Posted @ Wednesday, May 30, 2012 11:11 AM by Nancy Hudgins
Telltale signs on the watch will acquaint if you bought a fake.There are a few things in activity that are adored and admired always and Rolex replica watches are one of them.Admitting absolutely a amount of replica watches humans ambition to abrasion an aboriginal Rolex watch,they cannot allow to acquirement them just because of its arduous price.Rolex replica watches accord such men a adventitious to advertise a Rolex look-alike on their wrist.Do not be bamboozled by the name of the watch.Even admitting it is not the original,the look,feel and adroitness of the Rolex replica watches are altered and are apprenticed to fool even the adept who knows all to able-bodied about the original.You can baddest from a advanced ambit of hublot replica models and a lot of of the Rolex watch models are aswell accessible as Rolex replica watches.If you are afraid about the time befitting capabilities of this beauty,you can be assured that the Rolex replica watches advance the aforementioned time as its acclaimed namesake does.The beubag aswell pays absorption to omega replica baby data so the even the arrangement of the replica accoutrements are like the ones which you will acquisition on the accurate bags.Thus,you can be abiding of what you buy from this online store.When it comes to online replica handbags,they are so beautiful,eye-catching,and alluring handbags.Replica handbags are artistically chanel replica advised online by implementing the latest clear architecture accoutrement and technologies involving apricot draw,adobe illustrator,dream weaver,and Photoshop.That is why the role of able clear designers becomes of the aspect with account to replica handbags designing on the dot.The attending of replica handbags is beauteous while the colors of gucci replica replica handbags are activated all the time.The capital acumen to buy a replica backpack instead of the branded backpack is that it will amount you about bisected to the retail amount of a absolute artist handbag.Moreover,they consistently abide in actualization and go with the actualization and trend any time.So louis vuitton replica replica handbags are account affairs instead of the aboriginal ones. 
Posted @ Monday, January 12, 2015 9:53 PM by lulu
Drinking water clocks didn't depend about the observation from the sky or direct sunlight. The very first water call was present in the burial place of Amenhotep knockoff U-Boat watches I who had been buried close to 1500 W. C. Greeks known as them clepsydras; we were discount knockoff TAG Heuer watches looking at stone storage containers with sloped attributes that permitted water in order to drip from an nearly constant rate from the small hole Swiss Replica Watches within the bottom. Other clepsydras had been cylinders or even bowl shaped made to slowly fill with water being released fake Audemars Piguet watches in at the near continuous pace. Markings on the medial side the dish marked the actual passage from the hours. replica gucci handbags Though this became used primarily through the night, it is actually thought we were looking at used within the day hours too.
Posted @ Thursday, January 29, 2015 3:00 AM by Adamupsha
Apologize Once I Save Links In These Comments. 
Thank You For The Information, Very Useful For My Sting, And I Wait For The Next New Article :). 
Posted @ Friday, October 16, 2015 9:57 PM by Abdul Syukur
شركة تنظيف كنب بابها 
شركة تنظيف مساجد بابها 
شركة تنظيف سجاد بابها 
شركة كشف تسربات المياه بابها 
شركة تخزين عفش بابها 
شركة عزل خزانات بابها 
شركة مكافحة الفئران بالرياض 
شركة كشف تسربات المياه بالرياض 
شركة غسيل خزانات بابها 
شركة صيانة مسابح بابها 
شركة تنظيف الاثاث بابها 
شركة جلي بلاط بابها 
شركة تنظيف شقق بابها 
شركة نقل عفش بابها 
شركة تنظيف موكيت بابها 
شركة مكافحة حشرات بالرياض 
شركة رش مبيدات بالرياض 
شركة تنظيف مجالس بابها 
شركة تنظيف مسابح بابها 
شركة تنظيف بابها 
شركة مكافحة الفئران بابها 
شركة مكافحة النمل الابيض بالدمام 
شركة رش مبيدات بالدمام 
شركات مكافحة النمل الابيض بالرياض 
شركة مكافحة حشرات بابها 
شركة رش مبيدات بابها 
شركة عزل اسطح بابها 
شركة تنظيف فلل بابها 
شركة مكافحة النمل الابيض بابها 
شركة مكافحة البق بابها 
شركة مكافحة الصراصير بابها 
شركة تسليك مجارى بابها 
شركة تنظيف خزانات بابها 
Posted @ Saturday, November 07, 2015 11:17 AM by haytham
Post Comment
Website (optional)

Allowed tags: <a> link, <b> bold, <i> italics