Preparing For Mediation of Personal Injury Cases: Jim Horan’s Plaintiff’s Mediation Preparation List

1.         As counsel for the Plaintiff, your demand letter is not just a demand letter- it is a demand letter, it is an arbitration proposal, and/or it is a mediation proposal.
You may consider presenting all three, the demand and the two proposals, together. You should consider suggesting, either in the demand letter, or in your first communication with defense counsel after the demand letter is served, potential mediators or, if you are interested in arbitration, possible arbitrators and your “high/low” proposal.

2.         The more complex the case, the more complex the demand letter, focusing not only on your client’s damages but your theory of liability and how you will establish, through your experts and witnesses, the defendant’s liability at trial. The goal is to create in the mind of the defendant, its counsel and adjuster, the same settlement value of the case that you perceive it to possess.

3.         After the client(s) has been discharged from treatment, or has reached Maximum Medical Improvement (MMI), meet with the client(s) in person and discuss with the client(s) everything you outlined in your demand letter and your recommendations for alternative dispute resolution.

4.         Confirm that you have determined all liens and requested lien itemizations.

5.         Once the lien itemizations are received, confirm all liens are correct with the lien holder.

6.         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.

7.         Ten days before the mediation, confirm all offsets, Personal Injury Protection (PIP) and Bodily Injury (BI) coverage.

8.         During your scheduled pre-mediation private call with the mediator, provide the mediator with information of any settlement negotiations to date.

9.         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.  Prepare your client well for the mediation. Make sure they understand the process and how the negotiations may take place. It’s important for your client to understand that the defendant’s first, second or even third offer might appear low, but they shouldn’t feel “insulted” or that the process is a “waste of time”. 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.