Mediation Tip: Do your risk math in writing before you show up.

Too many lawyers walk into mediation with a gut feeling about their case. That's not enough. You need a clean, defensible decision tree — in writing — before you sit down at the table.

𝗛𝗲𝗿𝗲'𝘀 𝘄𝗵𝗮𝘁 𝘁𝗼 𝗰𝗮𝗹𝗰𝘂𝗹𝗮𝘁𝗲:

→ 𝗕𝗲𝘀𝘁 𝗱𝗮𝘆 / 𝗽𝗿𝗼𝗯𝗮𝗯𝗹𝗲 / 𝘄𝗼𝗿𝘀𝘁 𝗱𝗮𝘆 𝗼𝘂𝘁𝗰𝗼𝗺𝗲𝘀. What's the range if this goes to verdict? Be honest with yourself. Your client needs to understand all three scenarios.

→ 𝗟𝗶𝗮𝗯𝗶𝗹𝗶𝘁𝘆 𝗽𝗿𝗼𝗯𝗮𝗯𝗶𝗹𝗶𝘁𝘆 × 𝗱𝗮𝗺𝗮𝗴𝗲𝘀 𝗿𝗮𝗻𝗴𝗲 × 𝗳𝗲𝗲 𝗲𝘅𝗽𝗼𝘀𝘂𝗿𝗲. This is the real math. Include CCP § 998 dynamics where relevant — the fee-shifting risk changes the calculus significantly.

→ 𝗘𝘃𝗶𝗱𝗲𝗻𝗰𝗲 𝗶𝘀𝘀𝘂𝗲𝘀. What's your summary judgment risk? Are there admissibility problems with key exhibits or testimony? How do comparatives affect the numbers?

→ 𝗦𝗼𝗹𝘃𝗲𝗻𝗰𝘆 𝗮𝗻𝗱 𝗶𝗻𝘀𝘂𝗿𝗮𝗻𝗰𝗲. Is there actually money to collect? What are the policy limits? A big verdict means nothing if you can't collect it.

𝗪𝗵𝘆 𝘁𝗵𝗶𝘀 𝗺𝗮𝘁𝘁𝗲𝗿𝘀:

When you've done this work ahead of time, you negotiate differently. You're not reacting emotionally to the other side's demands or offers. You're not making decisions based on adrenaline.

You know your real range. You can explain it to your client. And you can respond to movement at the table with calm authority.

I've mediated hundreds of cases. The lawyers who come in prepared with this kind of analysis settle more cases — and get better results for their clients.

When you need a mediator who understands the math, I'm at ADR Services, Inc.

#Mediation #CivilLitigation #ADR

Mediation, Arbitration & Referee Services

Monty McIntyre helps attorneys and their clients throughout California as a mediator, arbitrator and referee at ADR Services, Inc. He handle business, commercial, employment, insurance (bad faith, coverage, UIM), probate, real property, and tort cases. He has been a California civil trial lawyer since 1980, a member of ABOTA since 1995, has tried over 100 cases and he's represented both plaintiffs and defendants in the areas listed above. To schedule a new matter, please contact one of Monty's case managers at ADR services, Inc.:
Haward Cho, haward@adrservices.com, or
Rachael Boughan, rboughan@adrservices.com, (619) 233-1323.  

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Want to know about all of the new 2025 CA civil cases in your practice areas? You now have several options to get this information and get better results this year.


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1. Mediate with Monty McIntyre to Get a Free 1-Year Subscription to California Case Summaries™:

Conduct a half-day or full-day private mediation with Monty McIntyre at ADR Services to get a free 1-year Individual Attorney subscription to California Case Summaries™ (with monthly, quarterly and annual case summaries, a $1,999 annual value). 

And, when one or more attorneys in a law firm conduct two half-day or two full-day private mediations in one calendar day with Monty McIntyre at ADR Services, the law firm will get a free 1-year Law Firm Unlimited subscription (letting the firm send summaries to every attorney or paralegal) to California Case Summaries™ (with monthly, quarterly and annual case summaries, a $6,500 annual value).
 
To schedule a mediation with Monty McIntyre at ADR Services, Inc., contact Monty's case managers:
Rachael Boughan, rboughan@adrservices.com, (619) 233-1323,
or Haward Cho, haward@adrservices.com, (213) 683-1600.

2. Buy One of the Four Subscription Options For Less Than 1 Billable Hour Per Month:

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• CCS Monthly™ (monthly issues only). Subscribe.
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• CCS Annual™ (annual issues only). Subscribe.
   

 To get free one-paragraph summaries of every new civil case published by the California Supreme Court in 2024, click here. 

Do well and be well.  

Best regards,
Monty A. McIntyre, Esq.
Mediator, Arbitrator & Referee at ADR Services, Inc.
Lawyer Mentoring™: Trial training and associate acceleration
Podcaster: Trial Alchemy™
Publisher: California Case Summaries™
CA Civil Trial Attorney Since 1980
ABOTA Member Since 1995
Past President San Diego County Bar Assn., SD ABOTA Chapter
Phone: (619) 990-4312.
Email: monty@montymcintyre.com