PREPARING FOR MEDIATION OF PERSONAL INJURY CASES: JIM HORAN’S Defendant’S Mediation PREPARATION LIST
1. At some point in the life of the case, you either receive the Plaintiff’s demand letter or you should consider soliciting a demand letter from the Plaintiff.
2. At this juncture, as counsel for the Defendant, assuming you are in possession of enough information to have a meaningful settlement negotiation, and your adjuster/client is on board, you should consider suggesting, either in the demand letter, or in your first communication with plaintiff counsel after the demand letter is served, potential mediators.
3. Be transparent to the extent you feel appropriate to let Plaintiff’s counsel know what additional information you and your client/adjuster may need to properly evaluate the case and to maximize the opportunity to reach a mutually favorable resolution at mediation.
4. Confirm that Plaintiff’s counsel has provided an itemized list of all liens.
5. Once mediation is scheduled, confirm that the lien representative will be available by telephone to discuss and negotiate the lien during the mediation once progress is made at the mediation towards a resolution.
6. At least ten days before the mediation, in communication with Claims, provide and share your detailed evaluation of case, possible offers and mediation strategy.
7. During your scheduled pre-mediation private call with the mediator, provide the mediator with information of any settlement negotiations to date.
8. During the call, let the Mediator know where and what, in your perception, the hurdles to a resolution might be and how she or he might be able to assist you and your client get to “yes”.
10. Being far apart (demand vs offer) at the start of the mediation day is the norm. Plan for a full day of negotiations. Patience and perseverance are critical to the success of negotiated settlements.
To schedule your Mediation with Jim Horan of CMMA and learn other important “To Do” items, contact Jim at jhoran@cmassmediation.com or call (508)425-4111.