Trial Practice Guidance, Litigation Strategies, Mediation

[PODCAST] Trial Tested: Douglas R. Young on His Legal Philosophy and the Qualities He Brings to ADR

JAMS on 9/3/2025

JAMS neutral Douglas R. Young recently appeared on “Trial Tested,” an award-winning podcast produced by the American College of Trial Lawyers and hosted by Renée Rothauge. The series highlights the stories, philosophies and...more

Mediation Is an Effective Risk Management Strategy, but Be Thorough.

NAM (National Arbitration and Mediation) on 1/10/2025

An old adage states, “The worst settlement is often better than the best trial, particularly for the losing party.” This was true in a recent upstate New York case where a jury awarded damages twenty times the realistic...more

Don’t Give Up Until the Jury Knocks: Post-Mediation Strategies to Get to Settlement

Miles Mediation & Arbitration on 2/3/2023

The primary goal of a mediation is simple. Settle the dispute among the parties. And in an ideal world, a case settles at mediation. The failure to reach an accord before the mediation’s end may seem like settlement is...more

Continue the Conversation

Holland & Hart - Your Trial Message on 11/17/2020

From readers of this blog, I sometimes hear, “I don’t always agree with you, but I always find you worth reading.” That is one of my favorite compliments, because of, and not despite, the disagreement. It wouldn’t be that...more

Look Out for the Reptile Mediation

Holland & Hart - Your Trial Message on 5/30/2019

Defense attorneys at this point, should have at least some familiarity with the Reptile approach that the plaintiffs’ bar is using as a route to persuasion. The idea of framing cases based on personal fear and threats to...more

Use Present Tense

Holland & Hart - Your Trial Message on 11/15/2018

You know how the joke begins: “A guy walks into a bar…” But wait, for you to know the punch line, this has to be past tense. So wouldn’t it be, “A guy walked into a bar…?” It could be. But usually it is “walks” – present...more