Markowitz Herbold is a litigation law firm that tries high-stakes business disputes for individuals, companies and state, local and regional governments, to juries, judges and arbitrators. We are known by our peers for resolving complicated and challenging cases.
The firm is based in Portland, Oregon, and our lawyers practice before state and federal trial courts in the Northwest and across the country.
We’ve earned our reputation as an “outstanding boutique firm” by delivering results: Multi-million dollar jury verdicts, successful settlements of “unresolvable” cases, and fierce defenses of difficult claims. Our courtroom savvy is widely known. Clients and even other lawyers often hire us, sometimes on the eve of trial, to take over as lead counsel or provide strategic advice.
Most cases involve conduct that has offended one party or the other, and maybe both. Even small or accidental slights—like not returning phone calls...
Mediation provides an excellent opportunity to apologize.
Most cases involve conduct that has offended one party or the
other, and maybe both. Even small or accidental slights—like
not returning phone calls—can obstruct resolution when
combined with the stress of a lawsuit.
When you approach a mediation, consider abandoning or at least
moderating your chest-beating and table-pounding. Instead, try to
identify what I call the “triggers of distrust” and
look for ways to neutralize them. If your client can recognize and
acknowledge their opponent's pain and maybe even convey
sincere responsibility for their role in causing that pain, the
skies can open.
The confidential setting of a mediation provides the safest
environment for your client to expose their humanity and humility
without admitting liability.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
