Beware Advocacy Bias

Every experienced lawyer will know of advocacy bias - familiarity with a case which can lead you to underestimate the downside and overplay the upside. The experienced lawyer will recognise this and be able nonetheless to provide a balanced risk analysis to the client.

More difficult is dealing with the biased client. Whether claimant or defendant, we are all familiar with the party who underestimates the risks of the litigation and therefore negotiates (or refuses to) on the basis of an false view of likely outcomes at trial. The mediation provides the opportunity for an objective analysis of risk where your client can be exposed directly to the contra arguments of the other side. An effective mediator will assist in developing further the arguments on risk in the private meetings that follow.