West LegalEdcenter is now part of CeriFi

My CLE Knowledge Center^SM

Search Catalog

State Requirements

Content Partners

Help | Shopping Cart | Contact Us | Sign In

Browse Programs

CLE

Accredited For

Specialty Credits

Practice Areas

Content Partners

Core Business and Professional Skills

Paralegal Studies

Subscriptions

West Accreditation Services

Live Program Calendar

All Programs for This Month

About Us

Home

FAQ

Help

Related Programs


Find more programs in same practice area(s)

Find more programs from this content partner

Program Details

Settlement Psychology

Content Partner: HB Litigation Conferences

Price:	$195.00*

This program is no longer available.

* Applicable Membership or Subscription discounts will be added in your shopping cart

Description: Mediator, arbitrator and settlement conference neutral Jeff Trueman says the lawyer’s mind can sometimes play tricks on him when it comes time to settle a claim.

“The central question on the minds of counsel, their clients, and insurance professionals in civil litigation is, of course, ‘What’s the case worth?’ For mature torts there is enough historical settlement and verdict data exist for counsel to argue why a particular case should or should not fit within a certain settlement range. In the midst of these discussions, the human brain plays tricks on us. For example, litigators sometimes assume that their trial experience can determine how jurors will negotiate with one another and resolve factual discrepancies after closing arguments. This assumption is a ‘heuristic’ – a cognitive shortcut called attributional error or illusion of control.”

Backed by his decades of psychological and economic sciences research, Trueman says there is a lot of room for attorneys to change their mindset when moving into settlement mode.

Litigation Chicken

“When differences over case value intensify, litigators return to threats of relinquishing control: ‘Maybe we have to try this case;’ or ‘We feel good about our chances in front of a jury.’ Underneath the games of litigation chicken that are the hallmark of settlement negotiation, heuristics lead to erroneous valuations and assessments of risk.”

He says attorney would be well served, and would serve their clients well, if they make adjustments depending on their role at a given point in the process. “Many lawyers default to their role as advocates for legal rights without considering the quality of counsel they give to clients regarding risk management. This plays right into the endowment bias that potential clients carry, valuing property or experiences merely because they have them. When thinking about future risk, many lawyers exhibit an overconfidence and self-serving bias in favor of past success. Unfortunately, competitive bargainers are disinclined to compromise even when it would benefit their bottom lines. Of course, it goes without saying that clients are often better served by lawyers who have some experience in a courtroom. But prior success does not guarantee future results.”

Joining Jeff will be Judge John Philip Miller, now retired from the Circuit Court of Baltimore City. Judge Miller spent 16 years on the bench after a career in private practice.

What They Will Cover:

What are the cognitive barriers to assessing case value?
How can you use this information to your advantage?
How can you help your clients with this information?
What is the impact of unrealistic expectations -- yours and your client's?
Answers to your questions via live chat.


Practice Areas:		Alternative Dispute Resolution

Online Media Type:		Video

Production Date:		03/28/2019 2:00 PM EDT

Level:		Intermediate

Category:		Standard

Duration:		1 Hours, 15 Minutes

Online Format:		Live

Course Type:		Public

Click here for information on subscription discounts and Group Viewing opportunities.

Purchase of this product provides online access for 180 days. If you are purchasing a live webcast, you will receive complimentary access to the on demand version for 180 days once it becomes available. Please note that the on demand and podcast versions may, or may not be accredited in your state.

If you intend to take a course for CLE credit, please make sure your state is listed in the "Accreditation" section to the upper right of the program description. Accreditation displayed is unique to the purchased program format (live conference, live webcast, on demand, podcast). Credit totals listed for live conferences are the maximum credits available. Credits issued will be based upon actual time in attendance. Credit totals for other formats are for complete programs. Partial credit is not available for any online or downloadable format.

West LegalEdcenter will not provide accreditation for states not listed.

CLE Scholarship information
Tuition Assistance for legal professionals taking our programs. Learn more about the program.

This product is intended for individual use by the named purchaser. Group viewings for online programs may be arranged for five or more attorneys within the same organization prior to viewing by emailing west.wlec-sales@thomson.com.

People who bought this program also bought:

There are no current recommendations

E-mail a colleague about this program.

Credit Eligibility:

Click on the jurisdiction to view credit eligibility details for this program

IMPORTANT!
This program is:

NOT AVAILABLE
FOR CLE CREDIT

If you complete this
program, a generic
completion certificate
will be provided
in your profile.

Request credits for a state not listed.

Check your state requirements and get contact information.

Speakers:

•	Jeff Trueman - Mediator / Negotiator
•	John Philip Miller - Retired Judge from Baltimore City Circuit Court


	This product is designed to provide information in regard to the subject matter covered. It is sold with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional service. If legal advice or other expert assistance is required, the services of a competent professional person should be sought.