Tuesday, November 30, 2010

It's truly amazing;Judges who never settled a case in their lives join a mediation company and they're now experts.

I gotta laugh. Almost every week or every other week an announcement is published in the Law Journal letting the legal community know that another judge has retired from the bench and is joining a private mediation/dispute resolution company. Some of these former Judges never really practiced law and others never really had "the stomach " to spend the time while on the bench settling cases. Whatever the reason; it "was beneath them, " they didn't have the time", didn't have the expertise or whatever, they didn't do it.
Most Judges' idea of trying to settle a case is "what's your demand, what's your offer? Ok," you're too far apart, go pick a jury".
But these same former judges now retire, become instant experts on settlement and the parties are of course charged $500/hour for their time. Remember, a name doesn't get a case settled, but a patient, realistic, practical , experienced and level-headed jurist will.
The key; Check out your proposed mediator with individuals whose opinions you trust. Not everyone is as good as Mike McCallister.

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