Oct. 17, 2013
Peter D. Lichtman
See more on Peter D. LichtmanJAMS Los Angeles Specialties: complex civil litigation, class actions, personal injury, securities, family law
Attachments
He said that he has achieved a high degree of success with this method, in which he doesn't relay demands and offers from one party to the next. Rather, they are expected to put their trust in him "to play the settlement cards" himself.
Recently, Lichtman used this approach in a dispute that involved a utility company and numerous insurance companies embroiled in a heated dispute over a fire that wiped out a significant number of homes.
"It was an extremely contentious case," he recalled. "I wrote an eight-page analysis of the various risks and the allocation of risks on each side. I had to play this very close to the vest."
Impasses often result when a mediator transmits demands back and forth between the parties, with each side demanding to see some movement, Lichtman said.
But by using his "black box," Lichtman said that he avoids this.
Rather, "I go in and say, 'Here's where I think they'd be willing to go. Where would you go? You play a card.' They know that I won't give it to the other side."
Armed with both sides' cards, he now has "a real spread, but neither side knows what that spread is," Lichtman said. "But I do."
Next comes his official mediator's proposal, based on the "black box" calculations.
"I got a peak at their cards and got them to a level they wouldn't have voluntarily gone to," he said.
The case ultimately settled this year.
"This is not an easy technique to use," said Lichtman, who prior to joining JAMS in 2011 headed the Los Angeles County Superior Court's mandatory settlement program. "You have to pick and choose the right moment."
- Pat Broderick
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390
Send a letter to the editor:
Email: letters@dailyjournal.com