BRYAN D. COLEMAN
Mediator - Arbitrator
Phone: 713-863-9966 Fax: 713:863-8787
|
BRYAN D. COLEMAN Mediator - Arbitrator
Phone: 713-863-9966 Fax: 713:863-8787
|
|
COMPUTING VERDICT EXPECTANCY
Monetary Options Factor of 10 Highest Verdict= Times in 10 trials: _____________ x ____________ = __________ Most Probable Verdict= Times in 10 trials: _____________ x ____________ = __________ Lowest Monetary Verdict= Times in 10 trials: ______________ x ____________ = __________ Take Nothing Judgment Times in 10 trials: -0- x ____________ = __________ TOTAL ______________ TOTAL_________________ DIVIDED BY 10 =_____________________________ (Verdict Expectancy) QUESTIONS TO BREAK IMPASSE 1. What are some suggestions, evidence, law supporting, strengths and weaknesses and likely outcomes? 2. Consider this risk – What is the possibility that a judge or jury may see the matter in the manner urged by your opponent? 3. Is likely that the other side has assessed their strength and weaknesses and your strengths and weaknesses more accurately? 4. Is it true that, in light of the strengths asserted by the other side, that a fact finder may decide with them? 5. How is the other sides’ reasoning flawed when they assert that you are off base on the issue of __________ because of _________? 6. What happens if, after an impasse at this mediation, the other side gets lucky and finds additional evidence, better legal arguments, or some other factor which makes you regret not having seized this opportunity to settle today? 7. Isn’t it difficult to assert that you are trying to make an appropriate business decision as to the value of a claim, when you refuse to factor in matters such as attorney’s fees, costs of litigation, and the continued time expenditure necessary to keep this claim going?
|