Matt Turetsky
An approach to agreeing on value in business and property disputes
When cases I mediate involve the division of disputed interests in business, land or other property of value, there is a method I...
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Matt Turetsky
May 25, 20223 min
Benefits and pitfalls of pre-suit mediation
Are you a fan of early mediation? I’m often asked about the best time to mediate. Although every case is different, my answer is the...
Matt Turetsky
Apr 27, 20223 min
Next steps if your case isn’t resolved on day one of mediation
Mediations end in settlement the vast majority of the time, but not every case will resolve on the day of mediation. I have been asked...
Matt Turetsky
Mar 23, 20222 min
Grounding clients in reality to avoid escalating expectations
One of the problems with clients having inflated expectations about potential litigation results is that it becomes harder to actually...
Matt Turetsky
Feb 23, 20222 min
Navigating high-conflict personalities in mediation
I read a highly useful book last year, “High Conflict People in Legal Dispute,” by Bill Eddy, LCSW, ESQ. Eddy is a therapist, lawyer and...
Matt Turetsky
Jan 26, 20224 min
When to ask for the mediator’s evaluation of a case
I was recently asked by a party, after reaching a settlement, whether my evaluation of the case is determined by which room I am in. The...
Matt Turetsky
May 26, 20212 min
Putting aside emotional speculation to focus on facts in mediation
I’ve had the pleasure of mediating a significant number of boundary line disputes between neighbors. It is rare that the parties have not...
Matt Turetsky
Apr 28, 20212 min
Humility as an advantage in resolving disputes
Attorneys often tell me how eager they and their clients are to take their case to trial. I understand it’s a way to convey conviction to...
Matt Turetsky
Mar 31, 20212 min
Accusing a party of lying may undermine settlement in mediation
In many mediations, one or both parties tell me that the other side is unethical and is lying about significant disputed facts. Attorneys...
Matt Turetsky
Mar 17, 20212 min
Interfacing with the mediator is good for your client
When I was a young trial lawyer, I sometimes instructed clients to keep completely silent during mediation, particularly the clients I...
Matt Turetsky
Feb 17, 20212 min
Your first impression on a case is more powerful than you think
I recently mediated a case in which I delivered an offer and commented, “This is much higher than I thought they would go; it’s a...
Matt Turetsky
Jan 27, 20212 min
Use this tool for getting real about the cost of litigation with clients
One of the frequent claims I hear at mediation is, “I’d rather pay my attorney [tens/hundreds of thousands of dollars] in legal fees...
Matt Turetsky
Jan 4, 20211 min
Litigators proactive about resolution get a win for their clients
Engage in settlement discussions earlier, more frequently and seriously.
Matt Turetsky
Dec 9, 20201 min
Tips for more successful virtual mediations
Attorneys still play a key role in ensuring the mediation has its best chance of success.
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