Articles written by this author:
Deciphering deceit, much like the game of chess, is about assessing your opponent’s strategy
Jeffrey KrivisMariam Zadeh
2007 September
While deception can provide a bargaining advantage, it often comes at a cost
Jeffrey Krivis
2007 December
What to do when defense counsel says, “I don’t have authority...”
Jeffrey Krivis
2008 March
When your client is out of control
Jeffrey Krivis
2008 May
How to settle a multi-party case where the defendants are fighting with each other over liability and coverage
Jeffrey Krivis
2008 June
What to do when the settlement numbers you put on the case are miles away from the defense perspective
Jeffrey Krivis
2008 July
Can a “take no prisoners” mediator help you maximize your recovery?
Jeffrey Krivis
2008 August
How to settle a multi-party case where the defendants are fighting with each other over liability and coverage
Jeffrey Krivis
2008 September
Drafting an MOU at the beginning of negotiations gives you the control of the discussion that follows in the mediation
Jeffrey Krivis
2008 October
Engineering the negotiation prior to the mediation is the secret to maximizing results
Jeffrey Krivis
2008 November
“Selling” routine cases and increasing their value requires making the case’s message “sticky.”
Jeffrey Krivis
2008 December
The “ideal” result is an expectation that no reasonable negotiator would ever expect to achieve in a situation where compromise is essential
Jeffrey Krivis
2009 January
Here’s a simple but effective technique that works most of the time when there are multiple claims
Jeffrey Krivis
2009 March
Don’t be the terminator
Jeffrey Krivis
2009 June
When the client’s spouse gets involved
Jeffrey Krivis
2009 July
Using a military strategy to defend attacks on your case
Jeffrey Krivis
2009 August
Speaking and hearing the same “language” goes a long way to promote favorable settlements
Jeffrey KrivisMariam Zadeh
2010 February
Minimize your risk of being exploited in a negotiation where the other party is lying
Jeffrey Krivis
2010 April
E-mail can be a two-edged sword in achieving a settlement. Make sure yours is clear
Jeffrey Krivis
2010 June
Change the playbook and come out a winner
Jeffrey Krivis
2010 July
With warring tribes, mediation can seem like a bad episode of “Survivor”
Jeffrey Krivis
2010 September
The secret is to allow one’s opponents to make concessions gracefully, without having to admit that they made a mistake or backed down
Jeffrey Krivis
2010 October
Attorneys are often stymied when deciding what approach to use in mediation
Jeffrey Krivis
2011 February
Finding a workaround to satisfy an irrational party in multiparty meditation may get the settlement back on track
Jeffrey Krivis
2011 March
The defense will do a risk analysis of their exposure to a jury verdict. Use it to get into a settlement zone
Jeffrey Krivis
2011 April
Listen and learn from the mock jury panel’s deliberation
Jeffrey Krivis
2011 June
Starting mediation with “tiger blood” still flowing is usually a waste of time. Wait for emotions to calm
Jeffrey Krivis
2011 July
A mediator can be an effective anchorman: Offering security in a contentious negotiation
Jeffrey Krivis
2011 August
The state budget crisis promises to deliver devilish delays in the civil justice system. Will this render private mediation less effective, or could it present opportunities for more productive mediation?
Jeffrey Krivis
2011 September
Navigating the jurisdictional dilemma
Jeffrey Krivis
2011 November
How accurate is the mediator in his or her basic judgment?
Jeffrey Krivis
2012 January
Your closure needs at mediation may be different from the adjuster’s
Jeffrey Krivis
2012 April
Does high pressure create a “dumbing down” syndrome?
Jeffrey Krivis
2012 August
Steps a mediator can take to keep negotiation on track or restart it when all seems lost
Jeffrey Krivis
2012 September
How can the “prisoner’s dilemma” work in mediation?
Jeffrey Krivis
2012 November
Offer more options to settle than in traditional bargaining
Jeffrey Krivis
2013 February
Learning from the guitar how to value your case
Jeffrey Krivis
2013 May
Wearing the right hat can affect the outcome of a high-stakes mediation
Jeffrey Krivis
2013 July
Monty Python can teach us a lesson
Jeffrey Krivis
2013 October
Writing the script for your settlement the way a screenwriter creates a movie
Jeffrey Krivis
2014 March
Has cultural lethargy invaded mediation? Why is there no sense of urgency?
Jeffrey Krivis
2014 July
President Obama got elected twice because of his messaging. What’s your mediation message?
Jeffrey Krivis
2014 October
Mediation has drifted from the expectation of 25 years ago that it would be “the final act” in the litigation drama
Jeffrey Krivis
2015 September
How did they price the file?
Jeffrey Krivis
2010 March
An essay on the future of mediation – and a look at its past
Jeffrey Krivis
2016 March
The original idealism in mediation has largely been lost as economics drives the idealists away
Jeffrey Krivis
2016 April
In every negotiation there is a pecking order
Jeffrey Krivis
2010 May
Don’t mediate a case before it’s ready unless you’re willing to settle for less than it’s worth
Jeffrey Krivis
2016 August
Lincoln the lawyer could tell a story. The story of the case must be told well, just like the unfolding of a movie or book.
Jeffrey Krivis
2018 August
Successful ADR depends on improvisational skills
Jeffrey Krivis
2019 April