Sharing with you today's "Thursday Tip of the Day".  Embrace and enjoy your summer!

Reconnect with friends, family, yourself. Put on your flip flops and shorts. Enjoy the beach, mountains, rivers, cities, planes and trains - wherever your summer will take you.

"In the words of Chris Erskine, Writer, from his column this week, titled "Summer Love", I quote:

"I prefer a summer day that yawns a little. I like a moon that stays up late.

It's the heart of summer. Eat some custard. Count your blessings. Breathe deep the sea.

Didn't Joni Mitchell write something about "the hissing of summer lawns"? How evocative. ..."

For Chris' full column, you can find him at www.chriserskinela.com.

I hope you enjoy your summer and am taking my own advice, taking a break for the next two weeks to "breathe deep the sea" (Erskine) and to listen to "the hissing of summer lawns" (Mitchell). I hope you are able to do the same, wherever you find yourself. Happy Summer and enjoy this short podcast episode.

To be an excellent lawyer for a client in mediation it is not enough to just say, “Oh I’ve got a mediation tomorrow, here, let me pick up the file and head on out.” To be excellent, it takes more than that. Listen to this episode as Host, Jean Lawler–commercial + insurance mediator and arbitrator–shares her list of top 3 things that excellent lawyers do for their clients in mediation.

Resources mentioned:

Holding the Calm: The Secret to Resolving Conflict and Diffusing Tension by Hesha Abrams

Will Work For Food: The New Possibilities Hour, Holding the Calm, The Advanced Course, Presented by Hesha Abrams

To read the full episode transcript please see the Podcast Website.

About the Host:

Based in Los Angeles, CA, Jean Lawler is an attorney and mediator, focusing on commercial, insurance and civil litigation matters pending at the trial and appellate levels - wherever filed. She regularly mediates a wide variety of insurance, business, and tort matters, as well as federal ADA accessibility lawsuits re architectural barriers and websites. CIPP/US (Certified Information Privacy Professional) certified, Jean also mediates matters involving data breaches, ransomware, and cyber losses. She has mediated hundreds upon hundreds - thousands - of cases over the years with a myriad of issues. For a more detailed sampling of the types of mediations that she has conducted and participated in, both when in practice and as a full-time mediator, please refer to her web page detailing Representative Matters.

Prior to becoming a full-time mediator in 2017, Jean was a Senior Partner in a Los Angeles based litigation firm, representing corporations, professionals, non-profits, individuals, and insurers in a broad range of matters, at trial and on appeal - mediating hundreds upon hundreds of cases over the years. Her legal experience has been diverse and international, and she has a deep knowledge of the insurance industry, insurance policies and the various risks they insure against (primary, excess, reinsurance, program, surplus lines, London Market, and international insurers). She also served as a Managing Partner of her former law firm, at times chairing the firm’s Insurance Law, Cyber & Privacy Law, International Law, and Business & Real Estate Transactions practice groups and, ultimately, served her many clients as counselor and trusted advisor.

As she would tell you if asked: “I absolutely love what I do! I would be honored to serve as your Mediator or Arbitrator.”

Connect with Jean:
Thanks for listening to the podcast! Want more?
LinkedIn
Website
YouTube Channel

Follow the podcast:
Available on Apple Podcasts, Spotify, Google Podcasts, and more!

You know, people think that they are at an impasse...

But are they really?

Is there perhaps more room to move? Or are you really done?

In this episode, Host, Jean Lawler–commercial + insurance mediator and arbitrator–discusses the following:

• Two important mediator tools that she uses to test whether parties are at an impasse in mediation: “ifs” and ranges 
• The benefits of “ifs”, and
• How to know when you are at an impasse

Resource Link:

Ambassador & Former National Security Advisor, Robert O'Brien  Negotiation- Lessons From Diplomacy, Will Work For Food: The New Possibilities Hour presentation, April 13, 2023.

To read the full episode transcript please see the Podcast Website.

About the Host:
Based in Los Angeles, CA, Jean Lawler is an attorney and mediator, focusing on commercial, insurance and civil litigation matters pending at the trial and appellate levels - wherever filed. She regularly mediates a wide variety of insurance, business, and tort matters, as well as federal ADA accessibility lawsuits re architectural barriers and websites. CIPP/US (Certified Information Privacy Professional) certified, Jean also mediates matters involving data breaches, ransomware, and cyber losses. She has mediated hundreds upon hundreds - thousands - of cases over the years with a myriad of issues. For a more detailed sampling of the types of mediations that she has conducted and participated in, both when in practice and as a full-time mediator, please refer to her web page detailing Representative Matters.

Prior to becoming a full-time mediator in 2017, Jean was a Senior Partner in a Los Angeles based litigation firm, representing corporations, professionals, non-profits, individuals, and insurers in a broad range of matters, at trial and on appeal - mediating hundreds upon hundreds of cases over the years. Her legal experience has been diverse and international, and she has a deep knowledge of the insurance industry, insurance policies and the various risks they insure against (primary, excess, reinsurance, program, surplus lines, London Market, and international insurers). She also served as a Managing Partner of her former law firm, at times chairing the firm’s Insurance Law, Cyber & Privacy Law, International Law, and Business & Real Estate Transactions practice groups and, ultimately, served her many clients as counselor and trusted advisor.

As she would tell you if asked: “I absolutely love what I do! I would be honored to serve as your Mediator or Arbitrator.”

Connect with Jean:
Thanks for listening to the podcast! Want more?
LinkedIn
Website
YouTube Channel

Follow the podcast:
Available on Apple Podcasts, Spotify, Google Podcasts, and more!

Now, we all learned early in life that you tell the truth. Right?  And this is very true when it comes to an application for insurance. In this episode, Host, Jean Lawler–commercial + insurance mediator and arbitrator–discusses recission of an insurance policy and answers the following questions:

• When does rescission of insurance policies happen?
• What kind of situations can you get into with this?
• Who could potentially be dragged into these suits?

To read the full episode transcript please see the Podcast Website.

About the Host:
Based in Los Angeles, CA, Jean Lawler is an attorney and mediator, focusing on commercial, insurance and civil litigation matters pending at the trial and appellate levels - wherever filed. She regularly mediates a wide variety of insurance, business, and tort matters, as well as federal ADA accessibility lawsuits re architectural barriers and websites. CIPP/US (Certified Information Privacy Professional) certified, Jean also mediates matters involving data breaches, ransomware, and cyber losses. She has mediated hundreds upon hundreds - thousands - of cases over the years with a myriad of issues. For a more detailed sampling of the types of mediations that she has conducted and participated in, both when in practice and as a full-time mediator, please refer to her web page detailing Representative Matters.

Prior to becoming a full-time mediator in 2017, Jean was a Senior Partner in a Los Angeles based litigation firm, representing corporations, professionals, non-profits, individuals, and insurers in a broad range of matters, at trial and on appeal - mediating hundreds upon hundreds of cases over the years. Her legal experience has been diverse and international, and she has a deep knowledge of the insurance industry, insurance policies and the various risks they insure against (primary, excess, reinsurance, program, surplus lines, London Market, and international insurers). She also served as a Managing Partner of her former law firm, at times chairing the firm’s Insurance Law, Cyber & Privacy Law, International Law, and Business & Real Estate Transactions practice groups and, ultimately, served her many clients as counselor and trusted advisor.

As she would tell you if asked: “I absolutely love what I do! I would be honored to serve as your Mediator or Arbitrator.”

Connect with Jean:
Thanks for listening to the podcast! Want more?
LinkedIn
Website
YouTube Channel

Follow the podcast:
Available on Apple Podcasts, Spotify, Google Podcasts, and more!

We have contracts all over. You buy a car, you have a contract. You rent a property, you have a contract. You buy a house, you have a contract. Our lives are filled with contracts, and most of us probably don’t read them word for word. However, to put it simply: Read the Contracts!

In this episode, Host, Jean Lawler–commercial + insurance mediator and arbitrator–discusses four examples of conditions in contracts that can become impediments to rights if not complied with.

To read the full episode transcript please see the Podcast Website.

Case Mentioned:

Santa Clara Valley Water District v. Century Indemnity Company, 2023 DJ DAR 2729

About the Host:

Based in Los Angeles, CA, Jean Lawler is an attorney and mediator, focusing on commercial, insurance and civil litigation matters pending at the trial and appellate levels - wherever filed. She regularly mediates a wide variety of insurance, business, and tort matters, as well as federal ADA accessibility lawsuits re architectural barriers and websites. CIPP/US (Certified Information Privacy Professional) certified, Jean also mediates matters involving data breaches, ransomware, and cyber losses. She has mediated hundreds upon hundreds - thousands - of cases over the years with a myriad of issues. For a more detailed sampling of the types of mediations that she has conducted and participated in, both when in practice and as a full-time mediator, please refer to her web page detailing Representative Matters.

Prior to becoming a full-time mediator in 2017, Jean was a Senior Partner in a Los Angeles based litigation firm, representing corporations, professionals, non-profits, individuals, and insurers in a broad range of matters, at trial and on appeal - mediating hundreds upon hundreds of cases over the years. Her legal experience has been diverse and international, and she has a deep knowledge of the insurance industry, insurance policies and the various risks they insure against (primary, excess, reinsurance, program, surplus lines, London Market, and international insurers). She also served as a Managing Partner of her former law firm, at times chairing the firm’s Insurance Law, Cyber & Privacy Law, International Law, and Business & Real Estate Transactions practice groups and, ultimately, served her many clients as counselor and trusted advisor.

As she would tell you if asked: “I absolutely love what I do! I would be honored to serve as your Mediator or Arbitrator.”

Connect with Jean:
Thanks for listening to the podcast! Want more?
LinkedIn
Website
YouTube Channel

Follow the podcast:
Available on Apple Podcasts, Spotify, Google Podcasts, and more!

Civility in the legal profession is embodied in all sorts of laws, rules, codes, and creeds. There’s nothing new about civility. It's just a way of conducting our lives that hopefully will make not just our own lives, but everybody’s lives better. And certainly for those of us in the legal profession, isn’t that our calling?

In this episode, Host, Jean Lawler–commercial + insurance mediator and arbitrator–talks about what civility is, why it matters to lawyers, and the one key word that makes the difference.

To read the full episode transcript please see the Podcast Website.

Links to Resources Mentioned:

• One Word: Civility, By Linda Klein
• Ohio Lawyer’s Creed (see page 3 of link)
• Attorney Civility and Professionalism (ca.gov)
• State Bar of California: Proposed Amendment Requiring Attorneys to Complete Annual Civility Pledge

About the Host:
Based in Los Angeles, CA, Jean Lawler is an attorney and mediator, focusing on commercial, insurance and civil litigation matters pending at the trial and appellate levels - wherever filed. She regularly mediates a wide variety of insurance, business, and tort matters, as well as federal ADA accessibility lawsuits re architectural barriers and websites. CIPP/US (Certified Information Privacy Professional) certified, Jean also mediates matters involving data breaches, ransomware, and cyber losses. She has mediated hundreds upon hundreds - thousands - of cases over the years with a myriad of issues. For a more detailed sampling of the types of mediations that she has conducted and participated in, both when in practice and as a full-time mediator, please refer to her web page detailing Representative Matters.

Prior to becoming a full-time mediator in 2017, Jean was a Senior Partner in a Los Angeles based litigation firm, representing corporations, professionals, non-profits, individuals, and insurers in a broad range of matters, at trial and on appeal - mediating hundreds upon hundreds of cases over the years. Her legal experience has been diverse and international, and she has a deep knowledge of the insurance industry, insurance policies and the various risks they insure against (primary, excess, reinsurance, program, surplus lines, London Market, and international insurers). She also served as a Managing Partner of her former law firm, at times chairing the firm’s Insurance Law, Cyber & Privacy Law, International Law, and Business & Real Estate Transactions practice groups and, ultimately, served her many clients as counselor and trusted advisor.

As she would tell you if asked: “I absolutely love what I do! I would be honored to serve as your Mediator or Arbitrator.”

Connect with Jean:
Thanks for listening to the podcast! Want more?
LinkedIn
Website
YouTube Channel

Follow the podcast:
Available on Apple Podcasts, Spotify, Google Podcasts, and more!

Your client’s mediation is coming up.  You know your client’s position. You’ve probably prepared your client for what to expect at mediation. However, as the lawyer, have you prepared yourself for how you are going to negotiate at mediation?

Host, Jean Lawler–commercial + insurance mediator and arbitrator–talks about 3 mistakes lawyers make at mediation. Hint: Effective negotiation at mediation is about more than just knowing your client’s case! Listen to this episode to learn more about mistakes to avoid.

To read the full episode transcript please see the Podcast Website.

About the Host:

Based in Los Angeles, CA, Jean Lawler is an attorney and mediator, focusing on commercial, insurance and civil litigation matters pending at the trial and appellate levels - wherever filed. She regularly mediates a wide variety of insurance, business, and tort matters, as well as federal ADA accessibility lawsuits re architectural barriers and websites. CIPP/US (Certified Information Privacy Professional) certified, Jean also mediates matters involving data breaches, ransomware, and cyber losses. She has mediated hundreds upon hundreds - thousands - of cases over the years with a myriad of issues. For a more detailed sampling of the types of mediations that she has conducted and participated in, both when in practice and as a full-time mediator, please refer to her web page detailing Representative Matters.

Prior to becoming a full-time mediator in 2017, Jean was a Senior Partner in a Los Angeles based litigation firm, representing corporations, professionals, non-profits, individuals, and insurers in a broad range of matters, at trial and on appeal - mediating hundreds upon hundreds of cases over the years. Her legal experience has been diverse and international, and she has a deep knowledge of the insurance industry, insurance policies and the various risks they insure against (primary, excess, reinsurance, program, surplus lines, London Market, and international insurers). She also served as a Managing Partner of her former law firm, at times chairing the firm’s Insurance Law, Cyber & Privacy Law, International Law, and Business & Real Estate Transactions practice groups and, ultimately, served her many clients as counselor and trusted advisor.

As she would tell you if asked: “I absolutely love what I do! I would be honored to serve as your Mediator or Arbitrator.”


Connect with Jean:

Thanks for listening to the podcast! Want to connect or view more content from Jean?

LinkedIn
Website
YouTube Channel


Follow the podcast:

If you would like to get automatic updates of new podcast episodes, you can follow this podcast on Apple Podcasts. Also available on Spotify, Google Podcasts, Amazon Music, Podcast Addict, and more!

As an attorney, do you ever start mediation by making an extreme opening offer or demand–one that is either really far below or really far above where your client ultimately wants to settle?

In this quick, two-minute “Thursday Tip of the Day”, Host, Jean Lawler–commercial + insurance mediator and arbitrator–talks about why attorneys don't need to make opening offers or demands that are in the "insult zone" in order to end up where they want to be.

To read the full episode transcript please see the Podcast Website.


About the Host:

Based in Los Angeles, CA, Jean Lawler is an attorney and mediator, focusing on commercial, insurance and civil litigation matters pending at the trial and appellate levels - wherever filed. She regularly mediates a wide variety of insurance, business, and tort matters, as well as federal ADA accessibility lawsuits re architectural barriers and websites. CIPP/US (Certified Information Privacy Professional) certified, Jean also mediates matters involving data breaches, ransomware, and cyber losses. She has mediated hundreds upon hundreds - thousands - of cases over the years with a myriad of issues. For a more detailed sampling of the types of mediations that she has conducted and participated in, both when in practice and as a full-time mediator, please refer to her web page detailing Representative Matters.

Prior to becoming a full-time mediator in 2017, Jean was a Senior Partner in a Los Angeles based litigation firm, representing corporations, professionals, non-profits, individuals, and insurers in a broad range of matters, at trial and on appeal - mediating hundreds upon hundreds of cases over the years. Her legal experience has been diverse and international, and she has a deep knowledge of the insurance industry, insurance policies and the various risks they insure against (primary, excess, reinsurance, program, surplus lines, London Market, and international insurers). She also served as a Managing Partner of her former law firm, at times chairing the firm’s Insurance Law, Cyber & Privacy Law, International Law, and Business & Real Estate Transactions practice groups and, ultimately, served her many clients as counselor and trusted advisor.

As she would tell you if asked: “I absolutely love what I do! I would be honored to serve as your Mediator or Arbitrator.”


Connect with Jean:

Thanks for listening to the podcast! Want to connect or view more content from Jean?

LinkedIn
Website
YouTube Channel

Follow the podcast:

If you would like to get automatic updates of new podcast episodes, you can follow this podcast on Apple Podcasts. Also available on Spotify, Google Podcasts, Amazon Music, Podcast Addict, and more!

Are you an attorney, claims professional or party with litigation pending in California? Are you keeping up with the latest in California Section 998 offers? Watch your 998’s and how you word them!

In this quick “Thursday Tip of the Day”, Host, Jean Lawler–commercial + insurance mediator and arbitrator–provides a case law update on two California appellate court cases that were decided on October 28, 2022, examples of 998 offers that were either not properly extended or accepted by one party or the other - and the consequences of such.

• Trujillo v. City of Los Angeles
• Council for Education and Research on Toxics v. Starbucks Corp. et al

To read the full episode transcript please see the Podcast Website.

Since this recording, an appellate decision in the case of Chen v. BMW of North America was published, providing an excellent discussion and roadmap of a 998 offer that was correctly extended, in accord with statutory requirements, and how the 998 offer should be applied. There, a settlement on the courthouse steps was for the same amount as a 998 offer that had been issued by the defense approximately 2 years prior. This opinion can be found at: www.courts.ca.gov/opinions/documents/H048257.PDF.

About the Host:

Based in Los Angeles, CA, Jean Lawler is an attorney and mediator, focusing on commercial, insurance and civil litigation matters pending at the trial and appellate levels - wherever filed. She regularly mediates a wide variety of insurance, business, and tort matters, as well as federal ADA accessibility lawsuits re architectural barriers and websites. CIPP/US (Certified Information Privacy Professional) certified, Jean also mediates matters involving data breaches, ransomware, and cyber losses. She has mediated hundreds upon hundreds - thousands - of cases over the years with a myriad of issues. For a more detailed sampling of the types of mediations that she has conducted and participated in, both when in practice and as a full-time mediator, please refer to her web page detailing Representative Matters.

Prior to becoming a full-time mediator in 2017, Jean was a Senior Partner in a Los Angeles based litigation firm, representing corporations, professionals, non-profits, individuals, and insurers in a broad range of matters, at trial and on appeal - mediating hundreds upon hundreds of cases over the years. Her legal experience has been diverse and international, and she has a deep knowledge of the insurance industry, insurance policies and the various risks they insure against (primary, excess, reinsurance, program, surplus lines, London Market, and international insurers). She also served as a Managing Partner of her former law firm, at times chairing the firm’s Insurance Law, Cyber & Privacy Law, International Law, and Business & Real Estate Transactions practice groups and, ultimately, served her many clients as counselor and trusted advisor.

As she would tell you if asked: “I absolutely love what I do! I would be honored to serve as your Mediator or Arbitrator.”

Connect with Jean:

Thanks for listening to the podcast! Want to connect or view more content from Jean?

LinkedIn

Website

YouTube Channel

Follow the podcast:

If you would like to get automatic updates of new podcast episodes, you can follow this podcast on Apple Podcasts. Also available on Spotify, Google Podcasts, Amazon Music, Podcast Addict, and more!