WHY WE ARE A DIFFERENT

BRIDGING PERSPECTIVES: Insight from Both Sides of the Table

When it comes to resolving disputes, perspective matters. Having worked for 25 years as both a plaintiffs’ attorney and a defense attorney, Tania Colderbank brings a uniquely balanced understanding of how each side thinks, strategizes, evaluates risk, and ultimately decides whether—and how—to settle. That dual experience is one of the most valuable tools I use to help parties bridge the gaps that stand between conflict and resolution.

Seeing the Full Picture

Most attorneys spend their careers on only one side of the aisle. There’s nothing wrong with that—except that it often creates blind spots. When you’ve worked extensively on both sides, you can:

· Understand what each side needs to feel comfortable settling

· Recognize the pressure points that truly move numbers

· Distinguish between arguments that persuade internally vs. those that persuade the other side

· Anticipate misunderstandings that derail or stall negotiations

This broader perspective helps guide parties toward outcomes that feel fair, realistic, and grounded in how the other side sees the case.

UNDERSTANDING MOTIVATIONS: The Engine Behind Settlement

Plaintiffs and Defendants Aren’t Simply Opposing Roles—They Have Fundamentally Different Motivators

From the Plaintiff’s Side

Plaintiffs want:

· To be heard and have their story acknowledged

· Closure, dignity, and a sense of being treated fairly

· Accountability

· A financial resolution that reflects their experience

From the Defense Side

Defendants tend to prioritize:

· Predictability and risk management

· Avoidance of runaway litigation costs

· Resolving the matter without creating future exposure

· A settlement grounded in facts and law—not emotion

Because I have represented both sides, I understand these emotional and institutional drivers. This experience-based understanding allows me to help each party understand not just what the other wants, but why—and how those motivations guide the path toward resolution.

Impartial Analysis and Perspectives that Drive Movement

Mediators who have only seen one side of litigation can unintentionally “silo” positions or make improper or skewed assumptions. With experience on both sides, I can:

· Reframe arguments in terms the other side can hear and appreciate

· Explain institutional or industry constraints neutrally

· Identify flexibility each side may not recognize in itself

· Defuse assumptions that lead to stalemates

· Spot opportunities for progress that others might miss

This ability to translate—not just transmit—information is often what transforms a mediation that is more character‑building into one that is truly productive.

Realistic Case Valuation: Informed, Not Assumed

Resolution happens when both sides understand the risk landscape clearly. Experience on both sides provides insight into:

· How plaintiff’s counsel values cases

· How defense counsel evaluates exposure and risk

· How adjusters, risk managers, and in‑house counsel assess risk and set authority

· How juries tend to respond to certain facts

· Where typical settlement ranges fall for various case types

· When a demand or offer is genuine movement vs. posturing

This prevents parties from talking past each other and helps steer negotiations into the zone where meaningful resolution occurs.

Building Trust with Both Sides

Cases settle when parties trust both the process and the person guiding it.

Because I’ve walked in both sets of shoes:

· The plaintiffs’ bar trusts that I understand their clients’ losses, needs, and the stakes at hand.

· The defense bar trusts that I understand institutional pressures and evaluation models

· Both sides know I’m drawing on lived experience—not guesswork

That credibility makes negotiations smoother, faster, and less adversarial. Difficult conversations become more productive because everyone feels heard and respected.

The Bottom Line: Dual Perspective Drives Better Outcomes

Experience on both sides isn’t just a resume detail—it’s a practical advantage that:

· Sharpens settlement strategy

· Prevents unnecessary conflict

· Creates realistic expectations

· Helps parties feel understood

· Bridges the gaps that stand in the way of agreement

Whether your case is straightforward or deeply complex, my goal is consistent: to help you reach a resolution that is informed, fair, and grounded in a genuine understanding of how both sides evaluate risk, value claims, navigate constraints, and make decisions.

DISPUTE RESOLUTION TRAINING & EXPERIENCE

With more than 80 hours of intensive mediation training and 25 years of hands‑on experience litigating and supporting mediators and special masters, Tania Colderbank brings both formal preparation and deep practical insight into every matter she handles. Throughout her career, Tania has drafted countless CMO’s, court orders, and stipulations designed to streamline the mediation process and assist neutrals in moving cases toward resolution, most frequently at the Special Master’s request. She knows what works and unfortunately what doesn’t.

Even before beginning her legal career, she won multiple negotiation competitions—an early indicator of the skill set that would shape her work. Negotiating both settlements and business deals has consistently been Tania’s favorite part of every case, not because it signals the end of a matter, but because it is the aspect she genuinely enjoys most. Tania’s strong procedural background has also proven invaluable since embarking on this new path, as it sometimes provides needed innovative and non-traditional box resolutions.

She has had great success mediating a broad range of disputes—even those she has never litigated. She has also gained additional dispute‑resolution experience by volunteering for mandatory settlement sessions in two‑party and multi‑party cases through local court programs. This volunteer service and statement does not imply any judicial authority or any local court endorsement.

Tania Colderbank has been recognized by her peers as a Super Lawyer for the past eight years. She started her legal journey many years ago as a Managing Editor of her law review—experience that reflects not only strong analytical discipline but also the ability to organize complex information and see issues from multiple angles. These strengths carry directly into her work as a mediator, special master, and discovery referee, where success depends on clear thinking, efficient issue‑framing, and the ability to guide parties through dense factual and procedural thickets toward practical, well‑reasoned resolutions.