This document discusses strategies for successful mediation of insured claims. It notes that mediating insured claims requires a different approach than other types of disputes due to different participant dynamics. Key strategies discussed include:
1) Ensuring adequate information exchange between parties so that valuations are justified and informed. Withholding information risks evidentiary issues and bad faith claims.
2) Conducting objective case valuation and risk analysis using techniques like decision trees to assess likelihood of various outcomes and compare to similar past cases. Misvaluation of claims often leads to rejected settlement offers parties later regret.
3) Encouraging frank discussion of case strengths and weaknesses rather than relying solely on positional bargaining, as insured claims mediation often devolves
In-house counsel and claims professionals evaluate thousands of cases each year and make decisions concerning which cases to potentially take to trial, which to settle soon after a lawsuit is filed, and which to settle before a lawsuit is even filed. In most cases, counsel and claims professionals prefer to mediate in order to avoid the expensive costs of litigation. This article explores the tactics and tools for a successful mediation.
The document provides guidance on preparing clients for mediation. It emphasizes that clients must understand the purpose and process of mediation, as well as the mediator's role. Specifically, clients should know that mediation aims to facilitate voluntary agreements through open communication and problem-solving. The mediator manages the process but does not impose solutions. Effective preparation of clients helps ensure they are informed and able to meaningfully participate in mediation.
The document discusses considerations for companies when mediating employment law disputes. It notes that mediation provides an opportunity to objectively assess case strengths, weaknesses, risks, and costs of continuing litigation, which can lead to settlement. However, mediation does not require settlement. The document outlines factors that can increase the likelihood of settlement through mediation, including selecting an experienced mediator, having appropriate representatives present, and mediating at different stages of litigation, each with their own dynamics. Early mediation before positions harden is discussed as one option that can motivate companies seeking a quick resolution.
Mercer Capital's Value Matters™ | Issue 1 2017 | Differing Expert Witness Val...Mercer Capital
Mercer Capital's Value Matters™, published 6 times per year, addresses gift & estate tax, ESOP, buy-sell agreement, and transaction advisory topics of interest to estate planners and other professional advisors to business.
Part I What Every Executive Should Know About Dispute ResolutionRBCG1
This document discusses alternative dispute resolution options for resolving business disputes, focusing on mediation and arbitration. It provides information on four dispute resolution processes - mediation, arbitration, negotiation, and litigation. Mediation involves a neutral third party helping parties reach a mutually agreeable settlement. Arbitration involves a binding decision by an arbitrator. Negotiation involves direct discussions between parties. Litigation involves a public, adversarial process where a judge decides a winner. The document emphasizes that mediation and arbitration are better than litigation when future relationships are important.
April 2011 Part Ii What Every Executive Should Know About Dispute ResolutionRBCG1
1) Litigation is costly for businesses and most cases settle before going to trial. During the litigation process, discovery allows both sides to determine boundaries for settlement negotiations.
2) Plaintiffs who reject settlement offers often fare worse at trial, receiving smaller awards than the rejected offers. Defendants who reject settlement offers also often lose more by going to trial when they could have settled for less.
3) Negotiation is an important alternative to litigation for resolving disputes and should focus on interests rather than positions to find mutually agreeable solutions. Building rapport and trust between parties can help resolve current and future conflicts.
Part Ii What Every Executive Should Know About Dispute ResolutionRBCG1
1) Litigation is costly for businesses and most cases settle before going to trial. During the litigation process, discovery allows both sides to determine boundaries for settlement negotiations.
2) Rejecting a settlement offer carries risks, as plaintiffs who turn down offers often receive less at trial. Plaintiffs were more likely to make poor choices about rejecting offers in contingency fee cases.
3) Negotiation is an important alternative to litigation for resolving disputes and should focus on interests rather than positions. Developing rapport and trust between parties can help reach a mutually agreeable solution.
This document provides an overview of negotiation and mediation. It defines negotiation as a process where parties with opposing preferences discuss issues to try and reach agreement, while mediation involves one or more third parties assisting in the discussion.
Key points made include:
- Negotiation and mediation are two of the main procedures for dealing with opposing preferences, along with struggle and arbitration.
- Mediation consists of negotiation assisted by a neutral third party, with the goal of helping disputing parties voluntarily reach their own settlement.
- Effective mediators employ strategies like facilitating communication between parties, controlling aspects of the negotiation process, and using incentives to shape outcomes.
In-house counsel and claims professionals evaluate thousands of cases each year and make decisions concerning which cases to potentially take to trial, which to settle soon after a lawsuit is filed, and which to settle before a lawsuit is even filed. In most cases, counsel and claims professionals prefer to mediate in order to avoid the expensive costs of litigation. This article explores the tactics and tools for a successful mediation.
The document provides guidance on preparing clients for mediation. It emphasizes that clients must understand the purpose and process of mediation, as well as the mediator's role. Specifically, clients should know that mediation aims to facilitate voluntary agreements through open communication and problem-solving. The mediator manages the process but does not impose solutions. Effective preparation of clients helps ensure they are informed and able to meaningfully participate in mediation.
The document discusses considerations for companies when mediating employment law disputes. It notes that mediation provides an opportunity to objectively assess case strengths, weaknesses, risks, and costs of continuing litigation, which can lead to settlement. However, mediation does not require settlement. The document outlines factors that can increase the likelihood of settlement through mediation, including selecting an experienced mediator, having appropriate representatives present, and mediating at different stages of litigation, each with their own dynamics. Early mediation before positions harden is discussed as one option that can motivate companies seeking a quick resolution.
Mercer Capital's Value Matters™ | Issue 1 2017 | Differing Expert Witness Val...Mercer Capital
Mercer Capital's Value Matters™, published 6 times per year, addresses gift & estate tax, ESOP, buy-sell agreement, and transaction advisory topics of interest to estate planners and other professional advisors to business.
Part I What Every Executive Should Know About Dispute ResolutionRBCG1
This document discusses alternative dispute resolution options for resolving business disputes, focusing on mediation and arbitration. It provides information on four dispute resolution processes - mediation, arbitration, negotiation, and litigation. Mediation involves a neutral third party helping parties reach a mutually agreeable settlement. Arbitration involves a binding decision by an arbitrator. Negotiation involves direct discussions between parties. Litigation involves a public, adversarial process where a judge decides a winner. The document emphasizes that mediation and arbitration are better than litigation when future relationships are important.
April 2011 Part Ii What Every Executive Should Know About Dispute ResolutionRBCG1
1) Litigation is costly for businesses and most cases settle before going to trial. During the litigation process, discovery allows both sides to determine boundaries for settlement negotiations.
2) Plaintiffs who reject settlement offers often fare worse at trial, receiving smaller awards than the rejected offers. Defendants who reject settlement offers also often lose more by going to trial when they could have settled for less.
3) Negotiation is an important alternative to litigation for resolving disputes and should focus on interests rather than positions to find mutually agreeable solutions. Building rapport and trust between parties can help resolve current and future conflicts.
Part Ii What Every Executive Should Know About Dispute ResolutionRBCG1
1) Litigation is costly for businesses and most cases settle before going to trial. During the litigation process, discovery allows both sides to determine boundaries for settlement negotiations.
2) Rejecting a settlement offer carries risks, as plaintiffs who turn down offers often receive less at trial. Plaintiffs were more likely to make poor choices about rejecting offers in contingency fee cases.
3) Negotiation is an important alternative to litigation for resolving disputes and should focus on interests rather than positions. Developing rapport and trust between parties can help reach a mutually agreeable solution.
This document provides an overview of negotiation and mediation. It defines negotiation as a process where parties with opposing preferences discuss issues to try and reach agreement, while mediation involves one or more third parties assisting in the discussion.
Key points made include:
- Negotiation and mediation are two of the main procedures for dealing with opposing preferences, along with struggle and arbitration.
- Mediation consists of negotiation assisted by a neutral third party, with the goal of helping disputing parties voluntarily reach their own settlement.
- Effective mediators employ strategies like facilitating communication between parties, controlling aspects of the negotiation process, and using incentives to shape outcomes.
This document provides information about mediation as an alternative to resolving legal disputes through litigation. It summarizes that mediation involves a neutral third party helping conflicting parties develop a mutually agreeable solution. Most legal cases are settled through mediation or other means rather than going to trial. Mediation allows parties to have more control over the outcome and potentially restore relationships, while keeping the process more private than public court proceedings.
Part Ii What Every Executive Should Know About Dispute ResolutionRBCG1
This document provides an overview of alternative dispute resolution and litigation for business executives. It discusses three key points:
1. Uncertainty from disputes can damage a company in many ways such as making lenders less likely to lend. It is difficult for executives to separate disputes from their personal and professional roles.
2. Most civil lawsuits settle before or during trial to avoid high costs and uncertainty. Effective pre-trial discovery is important for determining settlement parameters.
3. Studies show that plaintiffs who reject settlement offers usually fare worse financially at trial, while defendants who reject offers risk much larger losses if they receive an unfavorable verdict. Trials are high-risk gambles for both sides.
The document discusses different dispute resolution processes like mediation, arbitration, and litigation. It notes that each has unique characteristics and pros and cons. When selecting a dispute resolution process, one can either match the characteristics of the processes to the details of the case, analyze the case details to determine the best process, or design a customized process that addresses both parties' interests. The document then provides more details on mediation and arbitration, including their procedures, goals, and potential impediments to resolution.
Utilizing Alternative Dispute Resolution Tactics in Employment MattersWoodrow Glass
The document discusses alternative dispute resolution (ADR) tactics for resolving employment disputes. It outlines various ADR options like mediation, arbitration, and conciliation that provide alternatives to litigation. These options allow parties more control over outcomes but with varying levels of formality and costs. The document also discusses internal company dispute resolution policies versus external ADR governed by rules. It provides details on the mediation, conciliation and arbitration processes and emphasizes the importance of carefully drafting settlement agreements that result from ADR to accurately reflect the resolution and prevent future disputes.
Mediation and dispute resolution techniques and approaches. Léna Salamé, Programme specialist, PCCP coordinator, UNESCO. International Annual UN-Water Zaragoza Conference 2012/2013. Preparing for the 2013 International Year. Water Cooperation: Making it Happen! 8-10 January 2013
This document discusses alternate dispute resolution (ADR) options like mediation and arbitration that can be pursued before, during, or instead of litigation. It explains the purposes of voluntary ADR, which include finding a safe way to discuss settlement, obtaining an objective viewpoint, and avoiding the costs of litigation. It also discusses risks and benefits of binding vs. non-binding ADR options and tips for selecting mediators/arbitrators and preparing for ADR processes. Sample contract clauses for arbitration and dispute resolution within an organization are also provided.
1. The document discusses valuing notes that are secured by equity in a private company and have the following characteristics: interest-only payments annually, due in full at maturity, 10-year term, and secured by majority or minority equity in a profitable 25+ year old private restaurant company.
2. To value the notes, the consultant proposes discounting the expected cash flows at maturity using the risk-free rate since the cash flows are certain, with the key uncertainties being estimating the default probability and the fair market value of the collateral.
3. There is discussion around using risk-neutral probabilities to estimate default probability from market data, with the parties estimating default probability with the consultant's guidance. Liquidation value
- Deficiency judgments, where the foreclosure sale amount is less than what is owed on the mortgage, are rising as lenders try to recover unpaid debt. This is happening more as many foreclosed homes were worth less than the outstanding loan amount.
- Pursuing deficiency judgments involves complex considerations around regulations, optics, and maintaining good public relations. Lenders must balance recovering losses with perceptions of punishing struggling borrowers.
- Smaller lenders have been more aggressive than large lenders in pursuing deficiency judgments due to factors like needing to focus on profits and knowing customers personally. Successful efforts usually involve resolution and payment plans rather than aggressively pursuing bankruptcy.
The document discusses whether credit rating agencies should be compensated for their assessment services. It argues that while there are conflicts of interest since agencies are paid by the companies they rate, individual investors still bear responsibility for understanding ratings. It also asserts that overreliance on credit ratings contributed to the financial crisis, and that increasing regulation could promote more overconfidence rather than address the root causes. The author believes the market is the best regulator and agencies that get ratings wrong would be cleared from the marketplace without laws propping them up.
The document provides an overview of negotiation strategies and challenges faced by women in negotiations. It discusses how women are less likely to initiate negotiations, ask for less, and negotiate salaries less frequently than men. As a result, women often lose out on hundreds of thousands of dollars over their careers compared to men. The document then outlines different bargaining styles used by men and women and strategies for effective negotiations, including identifying interests, creating value for both sides, and finding integrative solutions that address everyone's interests.
This document provides information about short sales and the services provided by Kayser & Associates, LLC Law Firm and Short Sale Center, LLC. A short sale allows a homeowner facing foreclosure to sell their home for less than the amount owed on the mortgage in order to avoid foreclosure. This protects the homeowner's credit more than a foreclosure would. The law firm and short sale center collaborate to negotiate with lenders on behalf of homeowners and real estate agents to get short sales approved. Their fees are typically paid by the lender as part of the short sale closing costs. They provide expertise in navigating the short sale process which can otherwise be lengthy and complex for homeowners and agents.
This document discusses the increasing use of mandatory pre-dispute arbitration clauses in nursing home agreements. These clauses require residents to waive their right to have any disputes heard in court by a judge and jury. Instead, disputes would be decided by a private arbitrator selected by the nursing home. Some believe nursing homes use these clauses to avoid responsibility for negligence. The document advises examining arbitration clauses closely and considering other facilities if a clause is required, as an alternative may provide better care and peace of mind by not eliminating the option to seek justice in court.
This document provides an agent's guide to short sales, foreclosures, and REO properties. It discusses the opportunities that exist in mastering these areas and outlines the skills, time commitment, and risk acceptance required. The guide covers the foreclosure process in three phases, defines short sales, and outlines the eight steps to complete a short sale. It also discusses how to work with foreclosure auctions and break into the business of REO listings and buyer leads. Agents are encouraged to develop an action plan to apply what they've learned.
The document discusses the need for a new type of insurance broker that focuses on risk management rather than insurance. Currently, brokers are incentivized to prioritize selling insurance due to compensation structures tied to brokerage commissions. This can encourage brokers to promote insurance even when it is not the best solution and focus more on negotiating insurance terms rather than analyzing risks. A new broker model would have fee-based compensation not tied to insurance, provide both insurance market expertise and industry-specific risk consulting, and work primarily with clients' finance directors rather than just risk managers. However, brokers would need to demonstrate new capabilities and expertise to gain clients' trust in fulfilling this vision of objective risk advisors.
Mitigating Litigation Risk at the Deal Table M&A Part II Polsinelli PC
Attorneys from Polsinelli's Corporate & Transactional, Financial & Fiduciary Litigation, and Government Investigations practices share the following topics regarding M&A:
*Compartmentalizing Liability: Reducing Risk of Veil-Piercing by Courts and Similar Outcomes
*Alternative Dispute Resolution: Mediation and Arbitration
*Choice of Law Provisions in M&A Agreements
*Venue Selection in M&A Agreements
Federally mandated HECM Counseling is a valuable tool in helping prospective reverse mortgage clients understand the complex nature of reverse mortgage loans and to assure that particular loan they are considering is the best possible solution for their specific financial, health and living situation
Michael Marick - Breaking down barriers in policyholder- insurer disputes ove...Michael Marick
Corporate policyholders/insureds who have been sued share a common interest with their liability insurers—successfully defending those lawsuits. Yet insureds and insurers often disagree on the choice of defense counsel and how much the insurer must pay toward legal bills. These disputes are costly and, in most instances, can be avoided.
Looking for a low conflict way of getting divorced or negotiating child custody? Then Mediation 101: An introduction to New Jersey Divorce Mediation, Child Custody Mediation and Family Law Mediation is for you.
Find out how a family law or divorce mediator can help you resolve your situation amicably and leaving everyone in a positive place for your bright new future!
You want to separate or work out what is best for your kids in a constructive, positive way without the fighting or the bad feelings towards your ex. Find out why conscious uncoupling, divorce mediation, collaborative divorce and other low conflict resolution methods are positive ways of resolving your family law matter.
#mediation #divorcemediation #mediationchildcustody
The document discusses mediation as an alternative dispute resolution process where a neutral third party, the mediator, facilitates negotiation between disputing parties. Mediation is voluntary, private, and confidential. It aims to improve understanding and allow parties to reach a mutually agreeable settlement. Compared to litigation, mediation is typically less expensive, quicker, less stressful, and improves compliance. The mediator guides parties through introducing themselves, telling their stories, identifying issues, generating alternatives, and reaching an agreement to conclude the process. [/SUMMARY]
This document provides a collection of philosophical sayings and proverbs. It offers advice around being decisive, learning from mistakes, maintaining a positive outlook, leading by example, treating others with kindness, avoiding unnecessary explanations, overcoming fear with courageous action, and taking responsibility for one's own growth and future. The core message is about making the most of life through wisdom, perseverance and self-determination.
This document provides information about mediation as an alternative to resolving legal disputes through litigation. It summarizes that mediation involves a neutral third party helping conflicting parties develop a mutually agreeable solution. Most legal cases are settled through mediation or other means rather than going to trial. Mediation allows parties to have more control over the outcome and potentially restore relationships, while keeping the process more private than public court proceedings.
Part Ii What Every Executive Should Know About Dispute ResolutionRBCG1
This document provides an overview of alternative dispute resolution and litigation for business executives. It discusses three key points:
1. Uncertainty from disputes can damage a company in many ways such as making lenders less likely to lend. It is difficult for executives to separate disputes from their personal and professional roles.
2. Most civil lawsuits settle before or during trial to avoid high costs and uncertainty. Effective pre-trial discovery is important for determining settlement parameters.
3. Studies show that plaintiffs who reject settlement offers usually fare worse financially at trial, while defendants who reject offers risk much larger losses if they receive an unfavorable verdict. Trials are high-risk gambles for both sides.
The document discusses different dispute resolution processes like mediation, arbitration, and litigation. It notes that each has unique characteristics and pros and cons. When selecting a dispute resolution process, one can either match the characteristics of the processes to the details of the case, analyze the case details to determine the best process, or design a customized process that addresses both parties' interests. The document then provides more details on mediation and arbitration, including their procedures, goals, and potential impediments to resolution.
Utilizing Alternative Dispute Resolution Tactics in Employment MattersWoodrow Glass
The document discusses alternative dispute resolution (ADR) tactics for resolving employment disputes. It outlines various ADR options like mediation, arbitration, and conciliation that provide alternatives to litigation. These options allow parties more control over outcomes but with varying levels of formality and costs. The document also discusses internal company dispute resolution policies versus external ADR governed by rules. It provides details on the mediation, conciliation and arbitration processes and emphasizes the importance of carefully drafting settlement agreements that result from ADR to accurately reflect the resolution and prevent future disputes.
Mediation and dispute resolution techniques and approaches. Léna Salamé, Programme specialist, PCCP coordinator, UNESCO. International Annual UN-Water Zaragoza Conference 2012/2013. Preparing for the 2013 International Year. Water Cooperation: Making it Happen! 8-10 January 2013
This document discusses alternate dispute resolution (ADR) options like mediation and arbitration that can be pursued before, during, or instead of litigation. It explains the purposes of voluntary ADR, which include finding a safe way to discuss settlement, obtaining an objective viewpoint, and avoiding the costs of litigation. It also discusses risks and benefits of binding vs. non-binding ADR options and tips for selecting mediators/arbitrators and preparing for ADR processes. Sample contract clauses for arbitration and dispute resolution within an organization are also provided.
1. The document discusses valuing notes that are secured by equity in a private company and have the following characteristics: interest-only payments annually, due in full at maturity, 10-year term, and secured by majority or minority equity in a profitable 25+ year old private restaurant company.
2. To value the notes, the consultant proposes discounting the expected cash flows at maturity using the risk-free rate since the cash flows are certain, with the key uncertainties being estimating the default probability and the fair market value of the collateral.
3. There is discussion around using risk-neutral probabilities to estimate default probability from market data, with the parties estimating default probability with the consultant's guidance. Liquidation value
- Deficiency judgments, where the foreclosure sale amount is less than what is owed on the mortgage, are rising as lenders try to recover unpaid debt. This is happening more as many foreclosed homes were worth less than the outstanding loan amount.
- Pursuing deficiency judgments involves complex considerations around regulations, optics, and maintaining good public relations. Lenders must balance recovering losses with perceptions of punishing struggling borrowers.
- Smaller lenders have been more aggressive than large lenders in pursuing deficiency judgments due to factors like needing to focus on profits and knowing customers personally. Successful efforts usually involve resolution and payment plans rather than aggressively pursuing bankruptcy.
The document discusses whether credit rating agencies should be compensated for their assessment services. It argues that while there are conflicts of interest since agencies are paid by the companies they rate, individual investors still bear responsibility for understanding ratings. It also asserts that overreliance on credit ratings contributed to the financial crisis, and that increasing regulation could promote more overconfidence rather than address the root causes. The author believes the market is the best regulator and agencies that get ratings wrong would be cleared from the marketplace without laws propping them up.
The document provides an overview of negotiation strategies and challenges faced by women in negotiations. It discusses how women are less likely to initiate negotiations, ask for less, and negotiate salaries less frequently than men. As a result, women often lose out on hundreds of thousands of dollars over their careers compared to men. The document then outlines different bargaining styles used by men and women and strategies for effective negotiations, including identifying interests, creating value for both sides, and finding integrative solutions that address everyone's interests.
This document provides information about short sales and the services provided by Kayser & Associates, LLC Law Firm and Short Sale Center, LLC. A short sale allows a homeowner facing foreclosure to sell their home for less than the amount owed on the mortgage in order to avoid foreclosure. This protects the homeowner's credit more than a foreclosure would. The law firm and short sale center collaborate to negotiate with lenders on behalf of homeowners and real estate agents to get short sales approved. Their fees are typically paid by the lender as part of the short sale closing costs. They provide expertise in navigating the short sale process which can otherwise be lengthy and complex for homeowners and agents.
This document discusses the increasing use of mandatory pre-dispute arbitration clauses in nursing home agreements. These clauses require residents to waive their right to have any disputes heard in court by a judge and jury. Instead, disputes would be decided by a private arbitrator selected by the nursing home. Some believe nursing homes use these clauses to avoid responsibility for negligence. The document advises examining arbitration clauses closely and considering other facilities if a clause is required, as an alternative may provide better care and peace of mind by not eliminating the option to seek justice in court.
This document provides an agent's guide to short sales, foreclosures, and REO properties. It discusses the opportunities that exist in mastering these areas and outlines the skills, time commitment, and risk acceptance required. The guide covers the foreclosure process in three phases, defines short sales, and outlines the eight steps to complete a short sale. It also discusses how to work with foreclosure auctions and break into the business of REO listings and buyer leads. Agents are encouraged to develop an action plan to apply what they've learned.
The document discusses the need for a new type of insurance broker that focuses on risk management rather than insurance. Currently, brokers are incentivized to prioritize selling insurance due to compensation structures tied to brokerage commissions. This can encourage brokers to promote insurance even when it is not the best solution and focus more on negotiating insurance terms rather than analyzing risks. A new broker model would have fee-based compensation not tied to insurance, provide both insurance market expertise and industry-specific risk consulting, and work primarily with clients' finance directors rather than just risk managers. However, brokers would need to demonstrate new capabilities and expertise to gain clients' trust in fulfilling this vision of objective risk advisors.
Mitigating Litigation Risk at the Deal Table M&A Part II Polsinelli PC
Attorneys from Polsinelli's Corporate & Transactional, Financial & Fiduciary Litigation, and Government Investigations practices share the following topics regarding M&A:
*Compartmentalizing Liability: Reducing Risk of Veil-Piercing by Courts and Similar Outcomes
*Alternative Dispute Resolution: Mediation and Arbitration
*Choice of Law Provisions in M&A Agreements
*Venue Selection in M&A Agreements
Federally mandated HECM Counseling is a valuable tool in helping prospective reverse mortgage clients understand the complex nature of reverse mortgage loans and to assure that particular loan they are considering is the best possible solution for their specific financial, health and living situation
Michael Marick - Breaking down barriers in policyholder- insurer disputes ove...Michael Marick
Corporate policyholders/insureds who have been sued share a common interest with their liability insurers—successfully defending those lawsuits. Yet insureds and insurers often disagree on the choice of defense counsel and how much the insurer must pay toward legal bills. These disputes are costly and, in most instances, can be avoided.
Looking for a low conflict way of getting divorced or negotiating child custody? Then Mediation 101: An introduction to New Jersey Divorce Mediation, Child Custody Mediation and Family Law Mediation is for you.
Find out how a family law or divorce mediator can help you resolve your situation amicably and leaving everyone in a positive place for your bright new future!
You want to separate or work out what is best for your kids in a constructive, positive way without the fighting or the bad feelings towards your ex. Find out why conscious uncoupling, divorce mediation, collaborative divorce and other low conflict resolution methods are positive ways of resolving your family law matter.
#mediation #divorcemediation #mediationchildcustody
The document discusses mediation as an alternative dispute resolution process where a neutral third party, the mediator, facilitates negotiation between disputing parties. Mediation is voluntary, private, and confidential. It aims to improve understanding and allow parties to reach a mutually agreeable settlement. Compared to litigation, mediation is typically less expensive, quicker, less stressful, and improves compliance. The mediator guides parties through introducing themselves, telling their stories, identifying issues, generating alternatives, and reaching an agreement to conclude the process. [/SUMMARY]
This document provides a collection of philosophical sayings and proverbs. It offers advice around being decisive, learning from mistakes, maintaining a positive outlook, leading by example, treating others with kindness, avoiding unnecessary explanations, overcoming fear with courageous action, and taking responsibility for one's own growth and future. The core message is about making the most of life through wisdom, perseverance and self-determination.
This document provides an introduction to stress and its effects on the body. It defines stress and describes the physiological stress response. It then discusses different types of stress, distinguishing between good stress (eustress) and bad stress (distress). It outlines acute stress that occurs suddenly and chronic stress from long-lasting events. Signs and symptoms of stress overload are also listed. The document aims to educate about stress and its impact on physical and mental health.
Truck Stop Events International Inc. has successfully run health awareness programs for the transportation industry over the last 18 years, reaching over 40 million viewers. Their programs include Walk A Mile America, a walking program introduced in 1998, and Great For You, a program about health choices activated through Walmart that expects to reach over 100 million viewers. They are proposing a new Truck Drivers Health program that would tour a run down 1995 truck to showcase what 20 years of neglecting health can do and promote corporate sponsors who can help bring the program and message of health awareness to drivers.
The document is a 3-year business plan for APE Optical, which sells optical products like eyeglasses, sunglasses, and contact lenses. It provides details on the company, products, target market, competitors, marketing plan, and projected financial statements. The company is located in Karachi, Pakistan and aims to target students aged 10-45 years through affordable customized products and services.
Este documento presenta una guía de aprendizaje sobre normas tributarias y comerciales. La guía tiene como objetivos principales enseñar a contabilizar la retención en la fuente, el IVA y la retención en el IVA. El documento detalla los temas a cubrir, actividades de aprendizaje como exposiciones magistrales y talleres contables, recursos necesarios como acrílicos y marcadores, y el tiempo destinado de 4 horas.
The document discusses four primary jurisdictional issues affecting the insurer-insured relationship:
1) Venue, choice of law, and mandatory arbitration clauses that can modify parties' rights and obligations under an insurance policy.
2) How "four corners" vs. "all available facts" jurisdictions approach defense rights, obligations, and investigations.
3) How jurisdictions approach the legal concept of "breach" of the duty to defend and its ramifications.
4) How jurisdictions evaluate available damage rights and remedies.
The panel will explore these issues through moderator Gary Gassman and presentations from industry professionals.
How can knowledge of types of ‘legal funding’ available for dispute resolutio...Priya Saggar
How can knowledge of types of ‘legal funding’ available for dispute resolution be improved? - Jacqueline Harvey, Underwriter at AmTrust Law discusses with Modern Law Magazine
The three-steps guide for successful litigation procedures. Information about third-party litigation funding included. Worthwhile literature provided by Redress Solutions, London, UK.
Litigating Products Liability Class ActionsRonaldJLevine
This document discusses the importance of early case assessment in products liability class action lawsuits. It outlines a strategy for conducting an early evaluation of the case's merits and potential risks in order to determine if an early settlement is feasible. The key elements of the early case assessment process include collecting relevant information, evaluating the plaintiffs and legal issues, and assessing litigation costs versus settlement costs to estimate the potential value and risk of the case. The goal is to have discussions with the plaintiff's counsel early on to explore settlement opportunities and avoid lengthy and expensive litigation if a mutually agreeable resolution can be reached.
Trinity Kings World Leadership discovers how (former attorney) Milton Raiford...Terrell Patillo
The document discusses the risks lawyers face from aiding and abetting and civil conspiracy claims from third parties. These "in-concert liability" claims can arise when a lawyer helps a client commit a tort or breach fiduciary duties owed to a third party, even if unintentional. The document outlines how these claims typically arise in contexts of fraud or breaches of fiduciary duty. It also discusses available defenses for lawyers and issues around insurance coverage for these claims. Lawyers can best avoid these risks by considering how legal services may harm third parties or help clients commit wrongs.
Better safe than sorry: Notifying Your Insurer About Potential ClaimsDaniel Gunter, ARM
This document discusses the importance of notifying your professional liability insurer about potential malpractice
claims. It explains that professional liability policies are "claims made" policies, meaning the key date is when the
claim is first made, not when the error occurred. It advises lawyers to notify their insurer as soon as they become
aware of any facts or circumstances that could reasonably lead to a claim, in order to attach the incident to their
current policy. Early notice may help prevent issues from escalating and provides access to insurer resources.
Prompt reporting almost never increases premiums and denial of renewal is rare when firms operate safely and
work to reduce risks. Failure to report can create gaps in coverage
Matthew Williams answers the following question: Can my commercial client get ATE legal expenses insurance for
an appeal? (Their ‘solid’ claim most unexpectedly lost at trial – there is no policy currently in place.)
This newsletter discusses two cases related to insurance coverage. The first case involved a wrongful death claim where the insurer settled with one heir but was later sued by other unknown heirs. The court found the insurer was not protected by settling pre-litigation. Insurers should use genealogists to identify all heirs or have claimants file a lawsuit to receive protection. The second article summarizes various cyber risk insurance policies available to businesses to cover losses from hacking or security breaches. It notes various state and federal regulations regarding notification of privacy breaches.
1) Contacting and compensating former employees can present legal and ethical issues for attorneys unless they are careful. In movies, former employees conveniently provide key evidence, but in reality attorneys must work to locate and convince them to cooperate.
2) Class action lawsuits are intended to enable individuals with small claims to collectively pursue litigation but often result in large payouts to attorneys while providing little compensation to class members. Studies show that in many cases where small cash amounts are awarded to large consumer classes, only a small percentage of class members actually receive settlement funds.
3) Reforms have been proposed to address issues like attorneys bringing class action suits primarily for their own financial gain while providing little benefit to class members. Suggest
Shutting The Door on Legal Malpractice nelysonboyd
"Understanding and avoiding potential conflicts of interest, organizing your practice, and fostering healthy client relationships will help you prevent ethics complaints and malpractice lawsuits." Deborah M. Nelson
The document summarizes strategies for managing the property insurance appraisal process. It discusses when appraisal is appropriate, how to respond to premature demands, potential issues with unreasonable delays, and tips for selecting competent and impartial appraisers and umpires. The document also addresses managing the scope of appraisal to separate coverage issues from determining the amount of loss, and how appraisers can handle questions of causation and concurrent causes depending on the policy language and applicable law.
Navigating the legal landscape after an accident can be a daunting and complex journey. Whether you've been involved in a car crash, workplace incident, or slip-and-fall, seeking the assistance of a knowledgeable lawyer can significantly impact the outcome of your accident claim. A skilled attorney can guide you through the intricate maze of legal procedures, ensuring your rights are protected and that you receive fair compensation for your injuries.
One of the key benefits of hiring a lawyer for your accident claim is their expertise in understanding the legal system. They are well-versed in the intricacies of personal injury law, insurance policies, and liability determinations. This knowledge allows them to build a strong case on your behalf, taking into account all relevant laws and regulations that may apply to your situation.
Additionally, a lawyer can help you gather and present evidence to support your claim. This may include medical records, witness statements, accident reports, and other crucial documentation that can strengthen your case. They have the experience to assess the value of your claim, considering factors such as medical expenses, lost wages, pain and suffering, and future rehabilitation costs.
Furthermore, dealing with insurance companies can be a challenging task, as their primary goal is to minimize payouts. An attorney acts as your advocate in negotiations, ensuring that you are not taken advantage of by powerful insurance companies. They can skillfully negotiate with the opposing party to reach a fair settlement or, if necessary, represent you in court to pursue your claim through litigation.
In the aftermath of an accident, emotions can run high, and it's easy to feel overwhelmed. A lawyer provides a steady hand and clear guidance, alleviating the burden of legal proceedings and allowing you to focus on your recovery. With their expertise and dedication, a lawyer becomes your ally in navigating the legal landscape, working tirelessly to secure the compensation you deserve for the physical, emotional, and financial toll of the accident.
30-536 Healthcare InformaticsWeek 3 Create a Database Assign.docxtamicawaysmith
30-536 Healthcare Informatics
Week 3 Create a Database Assignment
Sample: Create a Database Assignment
Illinois has just passed a mandatory continuing education requirement for registered nurses. As the head of the nursing education department, I am interested in establishing a database for nurses employed at our institution related to their participation in continuing education.
We offer numerous programs in the traditional classroom mode at the University. We also have recently started to offer courses via our University Intranet. Nurses also take courses outside the University.
Field Name
Source of Data
Employee ID
Human Resources
First Name
Human Resources
Middle Initial
Human Resources
Last Name
Human Resources
Date of Hire
Human Resources
Nursing License Number
Nursing Office
Department (s) Employed
Nursing Office
Certification Number
University Classroom
Nursing Education
Certification Date
University Classroom
Nursing Education
CEU’s
University Classroom
Nursing Education
Certification Number
University Intranet
Automatic from Intranet
Certification Date
University Intranet
Automatic from Intranet
CEU’s
University Intranet
Automatic from Intranet
Certification Source
Other
New entry
Certification Number
Other
New entry
Certification Date
Other
New entry
CEU’s
Other
New entry
Note: In the future, it might be possible to merge the University Classroom, University Intranet, and Other into one field each for the field names of certification numbers, dates, and CEU’s .
For classroom sessions, nurses would register on-line and receive their certificates on-line. This data would automatically be entered into the data base. Then the nursing education department would only have to manually enter the outside programs. If this was the case, and the department was interested in whether or not the program was classroom, Intranet, or other, a new field could be created.
NEGOTIATION.pdf
COMMERCIAL NEGOTIATIONS seem to require a talent for deception. In simple, distributive bargaining,
when someone asks, “What is your bottom line?” few negotiators tell the truth. They dodge, they
change the subject, or they lie.1 In more complex, multi-issue negotiations, even relatively cooperative
bargainers often inject straw issues or exaggerate the importance of minor problems in order to gain
concessions on what really matters.2 In nearly all bargaining encounters, a key skill is the ability to
communicate that you are relatively firm on positions when you are, in fact, flexible —in short, to bluff
about your intentions.
The apparent necessity for misleading conduct in a process based on cooperation and co-ordination
makes bargaining deception a prime target for ethical theorizing and empirical investigation. Given the
high degree of academic interest, one would think that the investigation of deception would have
included by now a detailed look at what one of our most powerful social institutions — the ...
This document discusses legal malpractice and how to prevent it. It defines legal malpractice as alleging that a lawyer negligently performed legal services, with examples like missing filing deadlines or failing to advise a client properly. To prevent malpractice, clients should communicate clearly with their lawyer, ask questions, and stay involved. Comments discuss how far lawyer immunity extends - there must be proof of mishandling, not just differences of opinion on case value. Questions address barrister immunity and whether a client can sue their lawyer after settling a case.
The document discusses FINRA arbitration and reasoned awards. It notes that FINRA does not have an appeals process and parties must petition courts to vacate arbitration awards. The author believes FINRA should implement an internal appeals process. Requesting reasoned awards is also discussed. The author argues that FINRA rules should allow reasoned awards if only one party requests one. Awards should also explain damages methodologies to increase transparency.
How should I prepare an ATE application? MLM 4Demi Edmunds
The document discusses preparing an application for after the event legal expenses insurance (ATE). It provides guidance on the key information insurers will need, including a brief case summary, financial details, and estimates of costs. It recommends being realistic about the appropriate level of cover and notes insurers are conscious of risk alignment. Common types of cover include adverse costs, own disbursements, and sometimes own costs, though the latter is less common.
Mediation of a cincinnati wrongful death case some tips (2)Tony Castelli
This document provides tips for mediating a wrongful death case in Cincinnati. It emphasizes the importance of thorough preparation, including preparing the client, gathering evidence like depositions and expert reports, choosing an experienced mediator, and providing the mediator with a detailed synopsis of the case. Mediation allows the parties to negotiate a potential settlement with the help of a neutral third party, and while it does not always result in a settlement, it can help the parties understand each other's valuation of the case. Thorough preparation of all involved parties helps maximize the chances of a successful mediation outcome.
This document discusses various alternative dispute resolution methods for resolving a legal dispute with an employer, including their advantages and disadvantages. It analyzes negotiation, mediation, conciliation, arbitration, and tribunals. While litigation provides certainty and precedent, ADR methods are generally faster and less expensive, maintain ongoing relationships, and have a higher satisfaction rate. For a first offense that caused minor loss, an ADR method like mediation would likely be most suitable to resolve the dispute fairly without severely damaging the employment relationship.
A penny saved is a penny earned: Navigating your company through spoliation claims and strategies to maximize recovering attorneys' fees. Presented at the Association of Corporate Counsel.
How MJ Global Leads the Packaging Industry.pdfMJ Global
MJ Global's success in staying ahead of the curve in the packaging industry is a testament to its dedication to innovation, sustainability, and customer-centricity. By embracing technological advancements, leading in eco-friendly solutions, collaborating with industry leaders, and adapting to evolving consumer preferences, MJ Global continues to set new standards in the packaging sector.
Taurus Zodiac Sign: Unveiling the Traits, Dates, and Horoscope Insights of th...my Pandit
Dive into the steadfast world of the Taurus Zodiac Sign. Discover the grounded, stable, and logical nature of Taurus individuals, and explore their key personality traits, important dates, and horoscope insights. Learn how the determination and patience of the Taurus sign make them the rock-steady achievers and anchors of the zodiac.
[To download this presentation, visit:
https://www.oeconsulting.com.sg/training-presentations]
This presentation is a curated compilation of PowerPoint diagrams and templates designed to illustrate 20 different digital transformation frameworks and models. These frameworks are based on recent industry trends and best practices, ensuring that the content remains relevant and up-to-date.
Key highlights include Microsoft's Digital Transformation Framework, which focuses on driving innovation and efficiency, and McKinsey's Ten Guiding Principles, which provide strategic insights for successful digital transformation. Additionally, Forrester's framework emphasizes enhancing customer experiences and modernizing IT infrastructure, while IDC's MaturityScape helps assess and develop organizational digital maturity. MIT's framework explores cutting-edge strategies for achieving digital success.
These materials are perfect for enhancing your business or classroom presentations, offering visual aids to supplement your insights. Please note that while comprehensive, these slides are intended as supplementary resources and may not be complete for standalone instructional purposes.
Frameworks/Models included:
Microsoft’s Digital Transformation Framework
McKinsey’s Ten Guiding Principles of Digital Transformation
Forrester’s Digital Transformation Framework
IDC’s Digital Transformation MaturityScape
MIT’s Digital Transformation Framework
Gartner’s Digital Transformation Framework
Accenture’s Digital Strategy & Enterprise Frameworks
Deloitte’s Digital Industrial Transformation Framework
Capgemini’s Digital Transformation Framework
PwC’s Digital Transformation Framework
Cisco’s Digital Transformation Framework
Cognizant’s Digital Transformation Framework
DXC Technology’s Digital Transformation Framework
The BCG Strategy Palette
McKinsey’s Digital Transformation Framework
Digital Transformation Compass
Four Levels of Digital Maturity
Design Thinking Framework
Business Model Canvas
Customer Journey Map
❼❷⓿❺❻❷❽❷❼❽ Dpboss Matka Result Satta Matka Guessing Satta Fix jodi Kalyan Final ank Satta Matka Dpbos Final ank Satta Matta Matka 143 Kalyan Matka Guessing Final Matka Final ank Today Matka 420 Satta Batta Satta 143 Kalyan Chart Main Bazar Chart vip Matka Guessing Dpboss 143 Guessing Kalyan night
How to Implement a Strategy: Transform Your Strategy with BSC Designer's Comp...Aleksey Savkin
The Strategy Implementation System offers a structured approach to translating stakeholder needs into actionable strategies using high-level and low-level scorecards. It involves stakeholder analysis, strategy decomposition, adoption of strategic frameworks like Balanced Scorecard or OKR, and alignment of goals, initiatives, and KPIs.
Key Components:
- Stakeholder Analysis
- Strategy Decomposition
- Adoption of Business Frameworks
- Goal Setting
- Initiatives and Action Plans
- KPIs and Performance Metrics
- Learning and Adaptation
- Alignment and Cascading of Scorecards
Benefits:
- Systematic strategy formulation and execution.
- Framework flexibility and automation.
- Enhanced alignment and strategic focus across the organization.
Event Report - SAP Sapphire 2024 Orlando - lots of innovation and old challengesHolger Mueller
Holger Mueller of Constellation Research shares his key takeaways from SAP's Sapphire confernece, held in Orlando, June 3rd till 5th 2024, in the Orange Convention Center.
Unveiling the Dynamic Personalities, Key Dates, and Horoscope Insights: Gemin...my Pandit
Explore the fascinating world of the Gemini Zodiac Sign. Discover the unique personality traits, key dates, and horoscope insights of Gemini individuals. Learn how their sociable, communicative nature and boundless curiosity make them the dynamic explorers of the zodiac. Dive into the duality of the Gemini sign and understand their intellectual and adventurous spirit.
Navigating the world of forex trading can be challenging, especially for beginners. To help you make an informed decision, we have comprehensively compared the best forex brokers in India for 2024. This article, reviewed by Top Forex Brokers Review, will cover featured award winners, the best forex brokers, featured offers, the best copy trading platforms, the best forex brokers for beginners, the best MetaTrader brokers, and recently updated reviews. We will focus on FP Markets, Black Bull, EightCap, IC Markets, and Octa.
Brian Fitzsimmons on the Business Strategy and Content Flywheel of Barstool S...Neil Horowitz
On episode 272 of the Digital and Social Media Sports Podcast, Neil chatted with Brian Fitzsimmons, Director of Licensing and Business Development for Barstool Sports.
What follows is a collection of snippets from the podcast. To hear the full interview and more, check out the podcast on all podcast platforms and at www.dsmsports.net
Digital Marketing with a Focus on Sustainabilitysssourabhsharma
Digital Marketing best practices including influencer marketing, content creators, and omnichannel marketing for Sustainable Brands at the Sustainable Cosmetics Summit 2024 in New York
At Techbox Square, in Singapore, we're not just creative web designers and developers, we're the driving force behind your brand identity. Contact us today.
The Genesis of BriansClub.cm Famous Dark WEb PlatformSabaaSudozai
BriansClub.cm, a famous platform on the dark web, has become one of the most infamous carding marketplaces, specializing in the sale of stolen credit card data.
SATTA MATKA SATTA FAST RESULT KALYAN TOP MATKA RESULT KALYAN SATTA MATKA FAST RESULT MILAN RATAN RAJDHANI MAIN BAZAR MATKA FAST TIPS RESULT MATKA CHART JODI CHART PANEL CHART FREE FIX GAME SATTAMATKA ! MATKA MOBI SATTA 143 spboss.in TOP NO1 RESULT FULL RATE MATKA ONLINE GAME PLAY BY APP SPBOSS
Satta Matka Dpboss Matka Guessing Kalyan Chart Indian Matka Kalyan panel Chart
Mediating Insured Claims
1. MEDIATING INSURED CLAIMS
Edmund J. Sikorski, Jr., J.D,
April, 2012
OVERVIEW
Mediation of Insured claims requires a different negotiating style and mediation
approach because the dynamics of the participants are completely different from those
involved in other areas of dispute resolution such as commercial, probate, real property
and family.
Mediators of insured claims quickly learn that creative problem solving opportunities that
appear in other types of controversies are rare in the mediation of insured claims.
The subject matter of the dispute does not lend itself to settlement in terms other than
money. The parties rarely knew each other and will have no contact with each other
after the matter is concluded. The negotiation is simply how much money one side will
pay the other. It is position based bargaining pure and simple - although it is anything
but simple.
As a consequence of the nature of the beast, it is hard to get the process started.
This fact is reflected in the often heard complaint that the carrier has never made a pre-
mediation offer or has failed to respond to a pre-mediation demand. I have even heard
the complaint that the plaintiff never made a pre-mediation demand. It is equally difficult
to keep making concessions and adjustments. It is easy to get angry or disgusted thus
impeding the progress of resolution
Otherwise normal discussion of an issue is early abandoned to communication by
numbers. One mediation reality is that reasoned discussion of the strength and
weakness of a case disappears after the second round of caucuses and then turns to
reacting to each others monetary proposals. Communication dynamics are thus
monetized.
We hear one side say “I want to send them a message” but do they say “here is the
problem with your position”? No. They send a number.
2. An auction process then begins and the attorneys on both sides and their respective
clients and carriers start the often agonizing march of negatively reacting to the auction
process. The auction process is however not the problem. That process is an integral
part of all negotiations about money because the only resolution that an injured party
can get is a monetary one.
Negative reactions are the problem. Negative reactions are characterized by annoyance
and anger to proposals from the other side that are considered “out of the ball park” of
settlement and soon spiral into an emotional crash that deprives the parties of the
opportunity to reach resolution before their best numbers are reached.
The parties may become angry with the mediator for not convincing the other side of the
justification of the last proposal and view the mediator a just a messenger. However,
this view disregards that mediators are guardians of the process of resolution not the
guarantors of resolution.
Mediators are at this point watching for and listening for kinks in the process, missteps
that can occur, or problems that may develop. The mediator’s job here is 1) to help the
parties overcome their reactivity, 2) encourage confidence in the process, 3) refrain
from stopping prematurely in reaction to their frustrations and pessimism about the
prospects of settlement, and 4) encouraging them to move through their range
(employing the tool of bracketing) until the parties reach their best numbers or are sure
that their best numbers will not settle the case.
SO WHAT DO YOU DO TO MAKE MEDIATION MORE LIKELY TO SUCCEED?
First: Adequate Information Exchange
Information is power. Withholding information may also be power guarding against the
possibility that the case may not settle in order to spring it on the other side at trial.
However, given the discovery and disclosure rules, one has to assess the probability or
risk that such surprise information may not be allowed into evidence. The tactical
question is how are you going to get it in over the almost certain objection of the other
side?
If one withholds information, one must answer the question whether the withheld
information adds to or detracts from the legitimacy of the claim or defense during the
mediation process. The mediation process is after all an opportunity to convince the
other side of the legitimacy of the claim and value of the case.
3. It is a well know fact that insurance carriers have vast networks of shared proprietary
data on almost every conceivable insured claim. That is how they set premiums. In
addition, they have a staff of claims managers and adjusters to utilize the statistical data
and information that they obtain by a variety of means (including discovery) to come up
with a committee case evaluation and set a case reserve or better said – “case value”.
This does NOT mean that the carriers have a crystal ball—far from it. The carriers are
hampered by their own internal requirements to set case reserves and hence case
value very early in the claims process often times prematurely acting on only preliminary
information. . An insurance company MUST determine AND set a reserve on each claim
when it occurs. This is a cash item and an immediate hit on working capital. The longer
it stays on the books, two other things simultaneously happen: 1) the insurance
company has fewer investible assets, and 2) the reserve has built in resistance to
expand at a later date. These reserves are set well before the defense attorney ever
sees and evaluates the witnesses that may be called to support the claim. Once the
reserve process happens the only way the reserve value is going to get changed is the
receipt and evaluation of new information that that legitimizes or discredits the claim. A
late breaking change in the valuation calculus is usually “not well received” by claims
managers and their supervisors – unless it is favorable.
The point of the foregoing discussion is that if the insurance carrier does not get the
needed organized claim information well in advance of the mediation, they will not be in
a position to make an informed decision and negotiate a settlement. Organized case
presentation designed to persuade the carrier of the legitimacy of the claim is critical.
In addition to the inherent problems produced by the claims reserve practices and
procedures of the insurance industry, withholding of information by the defense is a very
high risk game. Not only do they face the same evidentiary problems as plaintiffs, but
they have the cloud of a bad faith claim hanging over them.
The mediation resolution process is heavily dependent on 1) a frank exchange of
information, 2) justification of valuation, and 3)a genuine interest to resolve the claim
and avoid the risks of trial including attorney client conflict over disappointing or
unanticipated results.
The Lesson Learned for the foregoing discussion is that providing information to support
the legitimacy of the claim is the touchstone to bring a case to a mediated resolution.
4. Second: Objective Case Valuation and Risk Analysis
Valuing a case is not an exact science, but the job of lawyers prior to mediation is to
learn as much as possible about the case (rarely, if ever, can we know everything and
miss nothing), compare it with similar cases that have produced settlements and
verdicts and reach a conclusion about its value (more accurately, the range of value into
which the case will fall – like a mediation bracket).
The noted mediation authority Laura Kaster begins her latest essay “Addressing
Impasse” with the “much overlooked but obvious point: Settling or mediating a case is,
among other things a process for agreeing to the value of the claim. Impasse often
occurs precisely because the parties do not agree on the value of the case” Kaster then
goes on to cite Randall Kiser’s much touted article, “Let’s Not Make a Deal”, for one of
its many startling findings: that 61% of plaintiffs made errors in rejecting settlement
offers with a mean loss of $42,000 and 24% of defendants made decisions errors in
rejecting offers, with a mean loss of more than $1,000,000.
On the basis of that information, we may assume that there is a high likelihood that
parties to mediation are misinformed about the objective value of the claim/defense.
No one wants to make an error in value assessment. We know that accuracy is
hampered by 1) the phenomenon of “group think”, 2)cognitive dissonance where we
filter out what we do not want to hear, and 3)“sunk-costs” that prompts litigants and
advisors to throw more money and effort into an endeavor in which they have already
invested.
HOW TO DEAL WITH VALUATION
Number one on the list is to work out a risk assessment protocol. This is an explicit list
of the assumptions and calculations that underlie the value decision. Include the
negative as well as the positive.
Number two on the list is a comparison to similar cases.
Number three on the list is to apply decision tree risk analysis. Here is an example of
how it works:
5. What is the likelihood of success at trial?
Slam Dunk.
But what is the percentage of likelihood?
80%.
And will the other side appeal?
Certainly.
What is the likelihood of success on appeal?
Slam Dunk. 80%
The probability percentages are then multiplied to determine the cumulative effect of the
assessment on the predicted outcome. In the above example it means that there is only
a 64% chance of winning, subject to further reduction of costs by experts, court
reporters, trial exhibits attorney fees, etc.
Approaching the same subject another way, the basis of case analysis can be
addressed by asking four questions:
1. What do you get if you go to court? What is the result in monetary terms?
2. What are your chances of obtaining that outcome?
3. What does it cost you to get that outcome?
4. What are the chances of collection of that judgment?
Here is an example of how this works:
Best Day In Court Jury Damage Award = $600,000 --$700,000
Plaintiff thinks there is an 80% chance win. $480,000 -- $540,000 less costs of $60,000
to get to best case settlement demand of $420,000--$500,000.
Defendant thinks there is a 20% chance of loss. $120,000--$140,000 plus costs of
$60,000 to get to best case settlement offer of $180,000--$200,000.
The settlement bracket is thus $420,000 - $180,000
6. Note that the foregoing process STARTS with a damage analysis and then discounts
BACKWARDS for liability, costs, present value, and trial uncertainties such as how the
judge applies the law, how the facts come in, how well the experts will testify, how well
the other side’s lawyer tries the case, how the jury will react, etc.
The point here is that case evaluation Starts with Damages and Discounts with case
and trial LIABILITIES to establish the range of settlement value. This is a little counter-
intuitive because lawyers are trained to think in the progressive elements of tort: Duty,
Breach of Duty, Proximate Cause, and (then) Damages.
The foregoing exercises are designed and intended to help generate meaningful
proposals from both sides that more clearly resembles its case analysis and hence the
parties are less likely to make an outrageous demand that generates an equally
outrageous counterproposal that hurls the case in the direction of impasse.
THIRD: CREATE A PLAN OF MOVEMENT THROUGH YOUR NEGOTIATING RANGE
The mediation literature is replete with admonitions to disputing parties NOT to start
negotiations with a number that is more than their best day in court given their own case
analysis. Negotiation communications that start with a number higher (Plaintiff) or lower
(Defendant) than their own case evaluations are inviting emotional reactive responses
that shuts down the process and leads to impasse for no good reason.
How many times have we heard the following volley?
“Their demand is out of the ball park. We will make the equally ridiculous offer of $250.
Send them that message.”
What has been accomplished? All we now have is two sides who have traded an
organized cognitive process for an emotional war of attrition.
7. The solution is to start with a plan starting with “your best day in court” valuation and
systematically moving through your negotiating range to your walk away number.
I have seen plans that divide the negotiating range by one-half on each move. A few
moves and it is apparent to all where the range will end and identify the walk away
number. The draw back of this approach is that it telegraphs the ending number and
eliminates the possibility of settling at a number higher/lower than the party’s best
number. Another approach is to divide up the negotiating range into equal increments.
At any point the range can be redivided into smaller equal increments to signal that the
party is approaching its best number. Movement usually begets movement.
Lesson Learned: Make a plan and stick to it. Stay in control of an otherwise reactive
process calculated to be self defeating. As in any military or sporting contest, victory is
often achieved because of the self inflicted wounds by the other side on itself.
Edmund J. Sikorski, Jr., J.D. is a Florida Supreme Court Certified Circuit Civil and
Appellate Mediator. www.TreasureCoastMediation.com