[CLC-Discussion] Request for mediation experiences

[Alexander, Bruce G.]

Larry, I have 2 quick war stories and one procedural suggestion:

1. Make sure counsel and the Mediator are well versed in what specific adjusters will be attending from what specific insurers. I recently had a mediation where, after a year of intense third party claim litigation, it was not realized until 4 hours into the Mediation that the insurers for the Third Party Plaintiff and Third Party Defendant were sister insurers, effectively meaning that the insurer was suing itself, and paying 2 law firms for that privilege. Suffice to say the case settled within 15 minutes of spirited phone calls made.

2. After 11 hours of Mediating a multi million dollar claim, we came down to a 50k delta which NO party would budge to close the gap. Reaching into my pocket I pulled out a quarter, looked at the 2 principal adjusters involved and told them to call it, loser to pay the 50k. I flipped the coin, heads lost, case over.

Now as for a practical suggestion, for multi party matters, I have found it effective to go around the table of attendees, have everyone introduce himself and materially, state the number of years of experience they bring to the table within their respective fields. This generally results in establishing that there is a combined level of experience in the room of many hundreds of years, in some cases over 1000 combined years! Then, the statement becomes easy to make, there is NO WAY that a group with that experience can ever allow a judge or jury to resolve their collective fate.

Have fun at the seminar, it looks to be a fantastic event!

One last personal note. I decided not wait for the Tesla, So I picked up a Fisker 3 weeks ago... Very fun to drive, whether on battery or fuel.

Best always, Bruce

On Jul 20, 2012, at 3:34 PM, "Larry Leiby" <Leiby at mkpalaw.com<mailto:Leiby at mkpalaw.com>> wrote:

The Broward County Bar Association and JAMS are co-sponsoring a seminar  October 5, 2012 on “Effectively Representing Your Client in Mediation.”  This will be a panel discussion for three 50 minute hours on the topic, followed by a one hour discussion on mediator ethics.  We have 7 panelists –  four mediators, a commercial plaintiff’s trial lawyer, a civil defense lawyer, and a manager of claims for a large hospital group (end user).  We have Fran Tetunic, who serves on the STATE COMMITTEE ON ALTERNATIVE DISPUTE RESOLUTION RULES AND POLICY to lead the ethics session.

So why am I sending you what appears to be a shameless plug for a seminar (which is not actually the seminar announcement), particularly if you are not near Broward County?  There is a reason.

We seek your input on any remarkable experiences that you may know of that we can address in the seminar.  These could be a remarkably good practice, a remarkably bad practice, or an ethical issue that you have experienced or is of interest to you.  We have a number of issues to address BUT WE WANT MORE.  You are out there in the trenches of mediation (as are our speakers) but we seek the vast input of more than just the speakers.  Please share.

If you can relate any such remarkable experiences please send  to lleiby at jamsadr.com<mailto:lleiby at jamsadr.com>  (not a reply to the entire listserv). It will be appreciated and you will enjoy endless blessings throughout your life .  (Actually, no guaranty on that last part.)

Sorry for the intrusion and thanks in advance for your responses.

Larry R. Leiby, Esq.
Fellow, College of Commercial Arbitrators

JAMS Global Engineering and Construction Group
600 Brickell Avenue, Suite 2600
Miami, FL  33131

Phone: 954-895-9198
Fax:      305-371-5288
lleiby at jamsadr.com<mailto:lleiby at jamsadr.com>

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