Insurance Defense Mediation in Kentucky
In Kentucky, mediation is usually required by the Judge handling the case. Mediation has become an effective tool for resolving litigation efficiently, often to the benefit of both parties. An effective mediator, and a relationship with such a mediator, is important in helping get these matters settled.
Positioning Cases for Settlement
In the course of litigation, usually there will be certain times at which a case is best positioned for settlement. Often an opportune time is after a reasonable amount of discovery has been done so that both sides recognize the strengths and weaknesses of their case and remaining matters that are unknown. Expenses and fees are usually not excessive at this point in time.
At this stage, plaintiffs and their lawyers often are interested in settling, sometimes before depositions are taken that could potentially harm their case. Plaintiffs are also usually keenly interested in obtaining money as compensation as soon as possible. Identifying the appropriate time to move the case to settlement through mediaton or otherwise takes judgment and skill.
As an insurance defense lawyer, I work hard to position the cases for favorable settlement based upon the facts and circumstances of each case. I provide clients with strategic advice for approaching settlement through mediation.
I take mediation seriously, and prepare for mediation in the same manner as I would for a trial. I often make use of technology at mediation to effectively demonstrate the strength of my client’s case. I work with clients prior to mediation to develop an effective mediation strategy. The position of our client’s case will be made clear in mediation, and if a settlement acceptable to our client cannot be reached, plaintiffs and their counsel will understand what they will be facing at trial.
All Cases Will Be Resolved – But Will the Resolution Be Agreed Upon by the Parties?
In litigation, all parties need to recognize that their case will be resolved. Mediation and negotiation offer an opportunity for parties to have a say in, and ultimately approve, the resolution. A trial does not present this opportunity – the parties leave the matter in the hands of a jury to decide the outcome.
If a case cannot be resolved through mediation or other negotiation, my clients and I are well prepared for trial. As an attorney with more than 30 years of legal practice, I have tried well over 100 cases. I believe that this trial experience is helpful in resolving cases prior to trial, as opposing counsel know that I will not hesitate to proceed to trial if an acceptable settlement is not reached.