Alternative Dispute Resolution...

[UtahDan]

Originally Posted by Archaea

It is very difficult for parties to discern truth from reality. A disinterested third party can effectively communicate who looks like the loser to that party. This is very effective.

Exactly. You need a third party (and the group we use is 100% retired judges) who can look right at your client and the other guy's client and say "here is the likely outcome."

People hear what they want to hear, get emotionally invested and for any number of reasons don't want to do what is rational. I would bet that you would agree with me that unrealistic client expectations (despite counsel's best efforts to shape them) are a much bigger obstacle to settlement than unreasonable opposing counsel ever is.