The mantra should be that mediation is a process, not an event. So when you have insurance issues or funding that’s coming from insurers–multiple insurers, and maybe multiple insurers and their insureds–then you need to consider how best to approach that so it doesn’t negatively impact the mediation in the underlying case. In this episode, Jean Lawler–commercial + insurance mediator and arbitrator–draws from her experience both in practice and as a mediator to discuss three approaches for handling these complex mediations, including how to work out a funding agreement. 

To connect with Jean Lawler, follow her on LinkedIn or find her at LawlerADR.com.

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

“Being a law firm leader is an incredible honor. You lead wonderful people and together all of you will work toward the betterment of the firm.” In this episode, Jean Lawler–commercial + insurance mediator and arbitrator–draws from her past experience as a managing partner at her former law firm to share her words of wisdom on law firm leadership. From the importance of creating opportunities, to thinking big, to taking time for yourself, and more, Jean provides practical takeaways and helpful reminders for law firm leaders looking to make the most of that unique role. 

To connect with Jean Lawler, follow her on LinkedIn or find her at LawlerADR.com.

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

As an attorney, have you ever wondered when is the right time to mediate a case? “Well first of all, there is no one right time. Only you as the lawyers, the parties, the claims representatives, the general counsel, the people involved in the day-to-day aspects of the case can decide when it's the right time. But it is most certainly the wrong time to go to mediation if you have not evaluated and figured out your case.” In this episode, Jean Lawler–commercial + insurance mediator and arbitrator–draws from her experience as a mediator to discuss the importance of timing when mediating a case. Episode highlights include:

• The benefit of early evaluation
• The benefits of early attempts at resolution
• How attorneys can handle the timing of mediation when a deposition is coming up, or summary judgment is pending

To connect with Jean Lawler, follow her on LinkedIn or find her at LawlerADR.com

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

The mediation brief is about more than informing the mediator.  “It is something that you can use to explain to the other side–whoever the decision-maker might be on the other side–why you think you have a viable case, why it might have the value that you will ultimately be asking for or be willing to pay, once you’re in the mediation session. It can help set the stage.” In this episode, Jean Lawler–commercial + insurance mediator and arbitrator–draws from her experience as a mediator to discuss the benefit of parties exchanging mediation briefs prior to mediation. Episode highlights include:

• Why it is beneficial for parties to exchange mediation briefs with each other (with whatever can be shared)
• How far in advance to share a mediation brief with the other side
• How to communicate confidential information to the mediator

To connect with Jean Lawler, follow her on LinkedIn or find her at LawlerADR.com

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

Pre-mediation calls between attorneys and the mediator, whether jointly or separately, are a useful part of mediation preparation. Of course, these calls can be used for things like scheduling, but what is really productive is where, “the mediator serves as a moderator–so to speak–of that call, and asks questions like, ‘Are there any other documents, are there any documents that either of you believe that you need to be able to have a productive mediation session?’” In this episode, Jean Lawler–commercial + insurance mediator and arbitrator–draws from her experience as a mediator to discuss the value of pre-mediation calls. Episode highlights include:

• The value of a joint pre-mediation call between the mediator and counsel for both sides
• The value of a private mediation call between the mediator and counsel for one side

To connect with Jean Lawler, follow her on LinkedIn or find her at LawlerADR.com.

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

There have been a number of ADA lawsuits filed in federal courts across the country recently. For lawyers using mediation to try to settle these cases, there are five key questions that are helpful for the mediator to know the answers to before mediation day. In this episode, Jean Lawler–commercial + insurance mediator and arbitrator–draws from her experience as a mediator to discuss how it is helpful for lawyers to share this information with the mediator, when mediating Federal ADA Title III cases. The five questions discussed include:

• What are the alleged issues?
• Have the issues been fixed?
• Does either party have a CASp inspector’s report?
• What is the status of the case or the settlement discussions?
• Are there legal issues affecting liability?

To connect with Jean Lawler, follow her on LinkedIn or find her at LawlerADR.com

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

“There are many reasons why it can be hard to settle a case, or why the case seems like it's unresolvable. But in fact, it really is resolvable.” In this episode, Jean Lawler–commercial + insurance mediator and arbitrator–draws from her experience as a mediator to discuss ways lawyers can help the mediation process along when a case seems unresolvable.  Episode highlights include:

• How identifying the “why” the case seems unresolvable is key
• The value of additional time as part of the mediation process
• The benefit of private conversations between the lawyers and mediator during mediation

To connect with Jean Lawler, follow her on LinkedIn or find her at LawlerADR.com

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

“If you are doing brackets, watch how they move and keep an eye on the midpoint. Are you seeing that the midpoint stays about the same? Does it go up, does it go down? What is the other party signaling?” In this episode, Jean Lawler–commercial + insurance mediator and arbitrator–draws from her experience as a mediator to provide an overview for lawyers on the use of “bracketing” in mediation.  Episode highlights include:

• An overview of bracketing in mediation
• How the phrasing of the bracket is critical
• How to use “ifs” as a form of bracketing
• The significance of paying attention to the midpoint in bracketing

To connect with Jean Lawler, follow her on LinkedIn or find her at LawlerADR.com

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

“I don’t recommend that people negotiate to the point of wanting to have a mediator’s proposal. Ideally you and your clients are able to control your own negotiations, control your own outcome without needing that, but it's a wonderful tool to be able to be used when appropriate and when necessary.” In this episode, Jean Lawler–commercial + insurance mediator and arbitrator–draws from her experience as a mediator to provide an overview for attorneys of the “mediator’s proposal”. Questions answered during this episode include:

• What is the mediator’s proposal?
• How to use the mediator’s proposal in mediation?
• Should you use the mediator’s proposal in mediation?

To connect with Jean Lawler, follow her on LinkedIn or find her at LawlerADR.com

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

As a lawyer representing your client at mediation, have you ever asked for a mediator’s proposal when the numbers weren’t even close? Or have you ever given up on mediation too soon? Remember that in mediation, your goal is to get to the “dance floor” and dance. With each settlement offer you make, you are trying to narrow that “dance floor” to the point where you are within the range where a settlement can happen that is in line with your client’s interests. In this episode, Jean Lawler–commercial + insurance mediator and arbitrator–draws from her experience as a mediator to share with lawyers her five suggestions of what not to do during mediation. 

To connect with Jean Lawler, follow her on LinkedIn or find her at LawlerADR.com.

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