The Plaintiff doesn't want to walk away from the current offer but feels strongly that it is simply not sufficient.  The Defendant, though, is tapped out.  Now what do you do?

     In mediating hundreds of cases during the last decade, I have found at times like this that discussing two words with the Plaintiff can yield great benefit, and can often result in getting an agreement.  Those two words are "closure" and "certainty." 

     After listening carefully to all the reasons why the Plaintiff does not feel that the "money on the table" is enough, I will often suggest that there is value in those two things -- in closing  the case and getting a certain result -- that should be considered over and above the monetary rewards of the current offer.  Even though they may be immeasurable, the benefits of "closure" and "certainty" are real and tangible nonetheless.  Some Plaintiffs will perceive a high price tag on those advanatges; others not so much.  But ALL Plaintiffs should be asked to consider them before negotiations impasse.

Two Words To Consider

     The VIDEO at left  goes into further detail, and also discusses situations where the term "closure" should be avoided.  Whether you are participating as a mediator, or reprepresenting the Plaintiff or the Defendant, the well-timed introduction of those two concepts in a close case might help resolve the claim.