Monday Aug 21, 2023

The Litigation Psychology Podcast - Episode 178 - Expert Advice on Negotiation in Litigation

Bill Mitchell, Founding Partner, Cruser & Mitchell joins Bill Kanasky, Jr., Ph.D. to discuss negotiation in litigation. Bill Mitchell shares his philosophy on managing litigation and comments on the lack of focus on the negotiation phase of litigation vs. the outsized focus on trial, when fewer than 1% of cases go to trial. Bill talks about mistakes that he sees defense attorneys making including not identifying the leverage point for every case and not being an open communicator and engaging in open discussions with opposing counsel. Bill Mitchell discusses his approach when dealing with plaintiff attorneys who are not willing to negotiate and how important communication is in those situations. Lastly, Bill talks about timing for negotiations, parachuting in on cases, and how he handle multiples co-defendants. Watch the video of this episode: https://www.courtroomsciences.com/r/mEq

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