Why “Strong Cases” Lose in Court More Often Than Attorneys Expect

Few phrases are more common in litigation than “This is a strong case.” Judges hear it constantly. And, almost as often, they see those cases fail, sometimes dramatically. The disconnect is not incompetence. It is overconfidence rooted in incomplete risk assessment. Strength Is Not the Same as Durability Litigators often evaluate strength based on legal […]

Read More… from Why “Strong Cases” Lose in Court More Often Than Attorneys Expect

What a Former Judge Sees in Mediation That Litigators Might Miss

Most mediation advice focuses on preparation, persuasion, and compromise. Those things matter, but they are not the only factors that  determine the outcome in a high-stakes business dispute. After decades as a litigator and years on the bench, judges develop a different lens. They don’t see cases as arguments to be won. They see them […]

Read More… from What a Former Judge Sees in Mediation That Litigators Might Miss