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Category: Settlement

        HOW TO WRITE A MEDIATION SETLEMENT LETTER

        HOW TO WRITE A MEDIATION SETLEMENT LETTER

. . .       . “The supreme art of war is to subdue the enemy without fighting.” Sun Tzu, The Art of War For some time, most settlements have taken place through a mediation process rather than direct negotiation with the insurance company. However, settlement negotiations usually involve a letter sent to the insurance company, defense counsel or to a mediator. These settlement letters are the basis for outlining the case and the plaintiff’s position regarding settlement. While there are a…

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MEDIATION AND MEDIATORS

MEDIATION AND MEDIATORS

Several months ago my friend Don Keenan wrote about mediators and mediation in his blog www.keenantrialblog.com  “How to Handle the Bullying Mediator” I told him how on target his views were and gave him my views, which follow below.  To start with, when I began a plaintiff practice negotiation always involved discussions directly with the insurance adjuster, the insurance company or the defense lawyer. However, mediation has become a cottage industry and we should learn proper skills for doing it…

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CONSIDER A SETTLEMENT CHECKLIST TO AVOID MISTAKES

CONSIDER A SETTLEMENT CHECKLIST TO AVOID MISTAKES

I am a great believer in checklists for everything we do in the law practice. If pilots with thousands of hours of flying religiously review checklists before flying and hospitals require checklists for medical care then how is representing a client any less important. With checklists you save time repeating previous work  and protect against omitting an important step. Here is a partial checklist for the use of the paralegal in the office. Note that it relies upon the the…

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