The following are forms I used in connection with settlement mediation of my cases. The first is an outline of my policies about mediation and my view as to the role of the mediator. Not everyone agrees with my viewpoint, but this was the way I approached mediation and my conditions for mediation. I am also providing a form letter to the client explaining mediation generally. In addition, the home provides a form letter to the defense stating our office…
It was my policy over my 50 years of representing plaintiffs to refuse to agree to any form of confidentiality as an imposed requirement of settlement by a defendant. My policy was that clients were free to keep the information personally confidential and from media or public disclosure if they wanted to do so, but the defendant could not require it as a condition of settlement. In addition, my policy for accepting a case for a client was that I…
. . . . “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…