Jeffrey Krivis

The Problem: You think that your client’s pain is so severe and different than the typical client that you value the case higher than the other side will pay. The Solution: Understand what category…

The problem: Many cases involve multiple claims and have limited resources to divide up. For example, if several people are injured and an insurance policy has been tendered, the injured victims have…

This story is for you if … The process of trading offers back and forth has failed; You want to settle but feel your only move is to threaten to walk out of the mediation. Transaction bargaining is…

By Jeffrey Krivis and Mariam Zadeh The X factor in mediation is the ability to influence the other side to pay more or take less. Finding the elusive X factor is the challenge for most mediators, and…

In a complex business dispute involving substantial and potentially unlimited exposure, a sophisticated defendant was not willing to pay the amount it determined it would actually take to settle, so…

Mediating complex employment cases is like rehearsing for a concerto. The conductor spends a substantial amount of time reviewing the score, while the musicians practice the piece both individually…

My basic nature is to be optimistic about the future. If I were one of the six thinking hats described by author Edward DeBono, I would be the yellow hat. The yellow hat is for optimism and the…

The Central Valley of California, known for its good weather and rich soil, is considered the breadbasket of the country. The many people who live in this agricultural community work hard. They know…

This story is for you if: You have agreed to mediate a state court case before a damage analysis has been exchanged Before or during the mediation you exchange confidential damage estimates with the…