Law

Ambition and Wishful Thinking

Category: 

AMBITION AND WISHFUL THINKING: CONJOINED TWINS IN CIVIL LITIGATION

For many years I’ve mediated thousands of widely varied civil lawsuits.  No matter how diverse the subject matter, wrongful death, real estate, employment or contract, many cases have been fueled by an ambition that is often hard to distinguish from wishful thinking.  Although ambition is usually displayed by the amount of damages sought by plaintiffs and their attorneys, it also regularly appears in the attitude of defendants and their lawyers and insurance claims personnel for different reasons.

Plaintiffs ambitiously chase “justice” having never experienced the difficulty of winning a civil lawsuit.  The most ambitious litigants in this regard are usually the least...

read more..

Latest Posts in Law

Managing Risk in Litigation

 

Litigation is a very common American pastime.  There are more lawyers in some U.S. cities than there are in entire countries such as Japan.  However, for individuals and business enterprises litigation is always very expensive and...


The Joy of a Startup Company

Who in their right mind develops a startup company in a highly competitive field and begins this task in their late 60s?  Me.  Why?  In part because I believe that with my team of talented attorney/neutrals we can do a better job of providing...


Employment Arbitration: A Minefield For Employer And Employee

By Gregg Bertram M.A., J.D., LL.M.

In the past twenty or more years many employers, especially large company employers, have required employees to agree to arbitration as the exclusive forum to resolve disputes.  State...


Commercial Mediation: A Different Animal?

Are there fundamentally different dynamics present when mediating a commercial dispute versus a trust and estate or negligence case?  Generally, although some commercial mediations may require intensive financial and document analysis, the...


Energy and Commercial Mediation

ENERGY AND COMMERCIAL MEDIATION: WHY THE MEDIATOR MUST ALWAYS “BRING IT”

By Gregg Bertram M.A., J.D., LL.M.

Mediation has been an integral part of civil litigation in the United States for several...