THE OVER-ACTIVE PLAINTIFF’S LAWYER – EPISODE 5

Things are going your way but still some hurdles. Your talk with the parties has gone well. You are discussing settlement. But what about the Plaintiff’s Over-Active Lawyer (POAL).

Written by Graham Perry

Graham Perry M.A. Cantab FCIArb Experienced Arbitration Lawyer | China & Chinese Business Affairs | Public Speaker/Lecturer

27 May 2021

COMMENT FOR THE DAY

MEDIATION

Things are going your way but still some hurdles. Your talk with the parties has gone well. You are discussing settlement. But what about the Plaintiff’s Over-Active Lawyer (POAL). His ego is bruised + which is dangerous. You want him onside.

What to do? Bring all four together to do a respective de-brief. And pander, just a little, if as is likely the two lawyers have made progress on their 3 Issues. But be prepared for unsettled issues which POAL might yet use to undermine the progress you have achieved with the two parties.

Another point – do not leave POAL waiting outside while you talk to the parties. His self-esteem will be hit as the minute’s tick away (the Levinger Principle). So, have a session with the lawyers to take the sting out of any moans. Be alert, not smug. The finishing line is still a way to go. A 2nd point – do not take any credit. Instead, congratulate the far-sightedness of all four in allowing progress to be made. Charm has value.

Finally, keep updating your list of outstanding issues + think them through. Stay on the ball + ahead of the game. Always thinking, always planning. Exhausting? Yes. Fulfilling? Also Yes.

Final Episode 28/7

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