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Expert Analysis

Damage Analysis Is Key To Settling Complex Cases

Law360, New York (June 27, 2016, 10:57 AM EDT) -- In my 30 plus years of experience as both a commercial litigator and now a mediator of commercial cases, I find that many lawyers are well prepared to discuss the merits of the liability issues at mediation (e.g., what is the proper interpretation of the crucial contract provisions, who failed to comply with the contract and how), but not well prepared to discuss the complex damage issues, preferring to make broad-brush statements regarding damages but not able to explain the model or math behind the damages. Unfortunately, this is where many mediations bog down....

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