As stated in my engagement letter for mediation, I encourage parties to share position statements or letters before mediation begins. These are not intended for me, but more so for the disputants. The premediation letters should be written for the eyes of the “other” client, and can begin to manage expectations, clarify liability, distinguish the […]
I conducted an informal survey of mediators who belong to the Executive Council of the ADR Section of the Florida Bar asking them two questions. What percentage of mediations are you conducting remotely, and as a percentage of effectiveness how would you rate online mediation vis-à-vis in-person session? The answers were what I anticipated, and […]
The Price of Poker Just Went Down: How Smart Defendants Leverage Good Settlements in Catastrophic Cases.
This is the second part of a two-piece article. Last month, we focused on ways claimants can maximize recovery in catastrophic damage cases. This month, we focus on defense strategies for leveraging a good settlement at mediation. Whether you are defending a business, a contractor, physician, manufacturer, retail store, or trucking company, representing at fault […]
This is the first of a two-part article on litigating and settling large exposure cases. As a litigator, I defended several products, premises, and aviation accidents resulting in death or catastrophic personal injury. Later I litigated trademark, construction, and other claims with seven and eight figure damage demands. My experience also suggests that adding one […]
I was thinking about my mediation clients, meaning the lawyers, and how the litigator’s role differs from other professions. Litigators are in conflict every day, every moment, for their entire careers. Can you identify another job that at its core involves conflict? The job ends when the conflict ends. The job depends upon antagonists, a […]