Tag Archives: mediation

Worst Negotiation Ever?

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The following negotiation took place over a period of time.  Of course, there were a few contingencies that I am not including in this back and forth.  Overall, however, the following was probably the worst negotation process I have ever been involved in (or the best depending on who you’re rooting for).  Of course, if you don’t want to go to trial… you don’t want to go to trial.

Offer:  $5,000

Demand:  $35,000

O: $7,500

D:  $45,000

(Wait a minute… did the demand just increase?!)

O:  $10,000  (Wait, why is there a counteroffer?)

D:  Somewhere between $40,000-$60,000

(I’m confused…)

O:  $40,000 (WHAT?!)

D:  $55,000 + $15,000 attorney fees

(I’m fairly certain that’s another increase.  Is this new math?)

O:  $45,000

D:  $55,000 + $30,000 attorney fees

(But only 2 days have passed… you didn’t spend $15,000 in two days… did you?!)

O:  $50,000

D:  $80,000

(Oh, so after almost tripling the first demand, we proceed in a downward direction.  I see.)

Well, the client got it wanted… no trial.

How many attorneys does it take…

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4 attorneys from our office are participating in a mediation right now.  It’s more than a little ridiculous.

It’s embarassing. And I’m not even involved in the matter.

Let me tell you how it evolved into 4 attorneys handling this medmal case.

Generating partner handles the client’s business and personal affairs.  He handed the case to HHA, who may have at one time been a good litigating attorney.  But, now, admittedly, does not try cases because he cannot hear.  He also commits malpractice on an occasional basis.

Enter real Litigation Partner.  Litigation Partner bats clean-up.  Cases usually land on his desk about 1-8 weeks prior to trial.  He is asked to be a magician.  Take this case, in which HHA partner may or may not have committed malpractice but defintely didn’t do the necessary work, and turn it into a million dollar case.

Enter Family Law/Litigation Mentee Partner.  Litigation Partner needs assistance to try this case, but can’t get it from HHA or GP, so he calls in FLLM partner to assist.  (This actually turned out to be a good thing because the clients began to have domestic issues).  However, HHA still needs to feel needed and important so he insists on participating in every single meeting.  GP also has to participate regularly in meetings since he’s the clients main contact (although he would rather do other paid work).

And that’s how you get 4 partners participating in a mediation.