5/20/2019

Game of Rooms

CLM’s Subrogation Committee’s recent webinar offered strategies for conquering your next mediation.

By Eric Gilkey

CLM’s Subrogation Committee’s recent webinar offered strategies for conquering your next mediation, especially in property cases where damages are often not the main point of contention.

12:00:00 p.m.

THE SPEAKERS

Gus Sara Jr., associate, White and Williams

Katy Schraven, large-loss subrogation adjuster, Hanover Insurance

12:01:41 p.m.

Gus Sara Jr.
“Mediations have become increasingly popular as a means of resolving a case, particularly in subrogation…. For obvious reasons, mediations help save dollars and are a much more efficient process to resolve matters, and they avoid the complex and sometimes dreadful process of trials.”

12:03:05 p.m.

Katy Schraven
“The one takeaway that I hope you all get from this presentation is to encourage client and counsel to strategize about certain aspects of mediation, like opening statements, before setting foot in the room.”

12:07:36 p.m.

Katy Schraven
“Mediators are beginning to skip [opening statements] because it just takes too much time, and I don’t think they are effective where the facts are clear and not in dispute and it’s just a matter of which opposing party is going to pay which percent.”

12:09:21 p.m.

Gus Sara Jr.
“When it comes to plaintiff group sessions/combined demands, just because you’re on the same side of the ‘v.’ doesn’t necessarily mean you’re always on the same side on all the issues in the case…. If you end up in a room with other co-plaintiffs, make it clear to the mediator what can and cannot be said.”

12:12:41 p.m.

Katy Schraven
“What are the pros for circulating non-confidential mediation memos and sharing expert reports? The first is that it can be a persuasive tactic, it shows confidence in your case and it shows that you’re ready to try the case if needed.”

12:16:39 p.m.

Gus Sara Jr.
“Obtaining settlement authority from the client before mediation sets a goal for the mediation, which aids in developing a strategy…. It can expedite the process…and it provides an opportunity to evaluate the case with the client. If we’re on the same page about where we want to end, I think it can lead to a productive mediation.”

12:20:39 p.m.

Katy Schraven
“Being candid about settlement negotiations to the mediator allows the mediator a better sense of the likelihood of settlement and if staying longer after the allotted time may be enough to get the deal done…and it can save time if the mediator knows the parties’ actual expectations.”

12:22:59 p.m.

Gus Sara Jr.
“If we’re curtailing what a mediator can opine, then I think we’re not getting the best bang for our buck. We’re there for the neutral third party to give us their angle on the case, and they can provide a fresh perspective because often mediators are experienced judges or attorneys and have been through it.”

 



Eric Gilkey is executive editor of CLM Magazine, a publication of the Claims and Litigation Management (CLM) Alliance. He may be reached at 513-273-8025, eric.gilkey@TheCLM.org.

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