I will be offering a selection of complimentary webinars on October 29, November 6 and 26. Webinar 1: Unlocking Success in Mediation: Proven Techniques for the Best Outcomes Join us for a complimentary webinar led by an experienced mediator who has managed a wide variety of cases and consistently delivers results: “Unlocking Success in Mediation:
Continue readingTag Archives: Personal Injury
Why Full-Day Mediations Excel at Settling Challenging Cases
When it comes to mediation, the time and resources you invest can significantly impact the outcome. While a half-day mediation might seem like a more efficient or cost-effective option for some cases, there are scenarios where a full-day mediation can offer the best opportunity for settlement. Let’s explore why a full-day mediation is often worth
Continue readingUnlocking Success: Strategically Using Mediation Memos to Achieve Better Personal Injury Settlements
Mediation serves as a crucial stage in any personal injury case, offering a pathway to resolve disputes without the uncertainties and expenses of a trial; the strategic use of mediation memos is key to its success. This process not only expedites resolution but also allows all parties involved to move forward more quickly, reaching a
Continue readingWhy Do Global Mediations Make Sense?
Read Marshall’s latest blog post, Why Do Global Mediations Make Sense? to learn why it is optimal to mediating tort, accident benefits and long-term disability claims together.
Continue reading5 Tips For Making The Most Out Of Your Mediation
Originally published in December 2020. Last updated January 2024. I’d like to offer five tips that could pay off for you and/or your client in mediation. 1. Preparation Is Key. As Benjamin Franklin once said, “By failing to prepare, you are preparing to fail. Advance work preparing your client for what to expect at mediation
Continue readingAchieving Success In Mediating Catastrophic Injuries
Originally published on OBA.org on November 02, 2023. Republished with permission. Personal injury cases involving catastrophic injuries can be some of the most hotly-contested actions in this field of law – and it’s little wonder why. Significant amounts of money – sometimes millions of dollars – are often on the line. For the plaintiff, the
Continue readingMake The Most Of Your Opening Statements At Mediation
Originally published in September 2022. Last updated October 2023. Often, counsel believes that openings at mediation are a “waste of time” that unnecessarily delay getting down to negotiating. Some lawyers believe they usually do more harm than good. I don’t agree. Although there may be certain cases or areas of law where opening statements are
Continue readingThe Benefits Of A Mediator With A 360-Degree Perspective
A mediator with subject matter expertise, understanding, and experience in seeing how things play out at trial or in arbitration, can be a valuable asset when working to settle cases and move files forward. Informed, Knowledgeable and Experienced A key part of an effective mediator’s role is to help parties see the strengths, weaknesses, and
Continue readingMediating Long-Term Disability (LTD) Claims
Long-Term Disability (LTD) matters can be complicated and contentious. As lawyers and insurance claims representatives know, dealing with complex medical and legal concepts at a time when an LTD applicant’s emotions are running high over the financial implications of debilitating illness or disability can sometimes make for a challenging time at the mediation table. But,
Continue readingCan A Mediation Fail?
Even if everyone at the table is focused on the best interests of their clients and moving the file forward, mediation may not always end with a settlement. This doesn’t necessarily mean that the mediation was a failure! Any mediation that results in the parties speaking openly and honestly to each other is a “win”,
Continue readingThe Power And Importance Of Opening Statements When Mediating Online
We are now one year into mediating online and entering the third wave of the Covid-19. After over a year of lock-downs and restrictions, many of us have become very comfortable with mediating online. Given the benefits of mediating online, I believe that this practice will be continued for at least the next several months,
Continue readingThere Is No Such Thing As A Failed Mediation
When I sit down with parties at a mediation, most of the time everyone at the table is interested in one thing above anything else: reaching a settlement. Unless one or more of the parties is determined to see their day in court, it’s clear that having a direct say in the outcome of a
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