THE DIGITAL FOOTPRINT AFTER DEATH: WHO WEARS THE SHOES?
Most trial lawyers and insurance company adjusters are "old pros" when it comes to mediating a personal injury case. But, if old dogs can learn something new, then re-thinking the mediation of personal injury cases may prove helpful. Let's assume the following fact pattern: A worker was injured in a fall while descendi...
THE ORAL ARGUMENT: AN ABSOLUTE MUST WHEN APPEALING A CASE
Most trial lawyers and insurance company adjusters are "old pros" when it comes to mediating a personal injury case. But, if old dogs can learn something new, then re-thinking the mediation of personal injury cases may prove helpful. Let's assume the following fact pattern: A worker was injured in a fall while descendi...
COURTHOUSE TO CONFERENCE ROOM: TRANSITIONING FROM THE BENCH TO PRIVATE MEDIATOR
Most trial lawyers and insurance company adjusters are "old pros" when it comes to mediating a personal injury case. But, if old dogs can learn something new, then re-thinking the mediation of personal injury cases may prove helpful. Let's assume the following fact pattern: A worker was injured in a fall while descendi...
PREPARATION FOR ORAL ARGUMENT OF YOUR APPEAL
Most trial lawyers and insurance company adjusters are "old pros" when it comes to mediating a personal injury case. But, if old dogs can learn something new, then re-thinking the mediation of personal injury cases may prove helpful. Let's assume the following fact pattern: A worker was injured in a fall while descendi...
EARLY MEDIATION YIELDS SUPERIOR RESULTS IN MANY CASES
Most trial lawyers and insurance company adjusters are "old pros" when it comes to mediating a personal injury case. But, if old dogs can learn something new, then re-thinking the mediation of personal injury cases may prove helpful. Let's assume the following fact pattern: A worker was injured in a fall while descendi...
PREPARING FOR A SUCCESSFUL MEDIATION – IT'S ELEMENTARY!
Most trial lawyers and insurance company adjusters are "old pros" when it comes to mediating a personal injury case. But, if old dogs can learn something new, then re-thinking the mediation of personal injury cases may prove helpful. Let's assume the following fact pattern: A worker was injured in a fall while descendi...
POWERPOINT CAN HELP YOU PROVE YOUR POINT AT MEDICAL MALPRACTICE MEDIATIONS
The parties to a medical malpractice mediation can assist the neutral in helping them achieve a resolution of the claim in issue by presenting their respective positions in a clear and concise manner which helps to identify and limit complex medical issues. Traditionally, the parties to such a mediation have provided the neu...
THE MEDIATION BRIEF: 10 WAYS TO USE IT TO YOUR ADVANTAGE
1. Always submit a brief. 2. Use the brief to educate the mediator and your adversary as to your position in advance of the mediation. 3. Use the brief to maximize your use of time and to avoid lengthy arguments during the joint session. 4. Always exchange the brief with your adversary. 5. Exclude from the brief any ...
A FRESH LOOK AT MEDIATION – UNDERSTANDING THE PROCESS
Having been a mediator in the Court system and now in the private sector with NAM (National Arbitration and Mediation), I have come to regard private mediation in a new light and with a new understanding about what a mediator can and cannot do, and what mediation can accomplish. Of course, the old rules that were followed in...
RESOLVE THORNY ISSUES BEFORE COMING TO MEDIATION
Assume that you are involved as a plaintiff or a defendant (carrier) in a serious injury case and that the injured party has collected workers' compensation so the issue of a lien payback will be part of any settlement. Also assume that the plaintiff may have sought, or is receiving social security disability payments or wil...