Duffey Insights, LLC

Mediation, Arbitration, Litigation Strategy, Evaluation and Management


Litigation centers on relationships, those between a lawyer and a client, counsel and the court, parties and factfinders. Experience is what informs how these relationships work, what is at the core of a dispute, what outcome is fair to the parties, and what process allows clients and their counsel to explore and resolve differences to reach equitable and final dispute resolution. Experience is the foundation for successful mediations and arbitrations.

The courtroom is a dynamic environment. Not because it is filled with drama, but because it is a place in which people with different backgrounds, biases, values, and motives come to participate in a process to evaluate human behavior. There are parties, witnesses, lawyers, and jurors. One person, the judge, is responsible for ensuring that the process is engaged on a level playing field. The judge has a unique perspective and insight into the litigation process. The judge understands nuances, litigating positions, presentations, and advocacy that often can predict success or failure at the end of the litigation encounter. The judge's trial insights come from two rare sources. Only the judge has the perspective that comes from observing and evaluating everything that happens in the courtroom from the bench and in chambers, and only the judge has the privilege after a verdict to have unfiltered discussions with the jurors who decided the case. It is the judge who has a rare insight into why and how factfinders reach a decision. Access to these insights can determine which strategies lead to victory and which lead to defeat; what works, and what causes a crash along the way.