Posts tagged mediation
How not to start a settlement letter.
How not to start a settlement letter.

Ninety nine percent of all plaintiff settlement/mediation letters begin with an iteration of this paragraph:

Dear Defense Attorney/Insurance Adjuster.  As you know, this office represents X who was involved in an incident involving your client/insured Y that occurred on DATE.  This settlement/mediation letter outlines our client’s claims and proves not only that your client/insured was solely liable for the incident; but the nature and extent of the very serious damages and injuries suffered by X.  We have evaluated this claim and extend an offer for you to pay policy limits of AMOUNT within 30 days.  If you need further information, please feel free to contact us.  If you do not timely respond, we will file a lawsuit/proceed to trial.

Where did this standard salvo come from.

Who decided (many decades ago) that this unimaginative cookie cutter approach was the best way to start a negotiation - your client’s first salvo.

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pretrialKaren Koehlermediation, writing, negotiation
Mediation No
Mediation No

In furtherance of our study of mediation technique and the prettiness of our craft, see below.

From: Mediator
Sent: Thursday, July 28, 2022 2:09 PM
To: Karen Koehler <karenk@stritmatter.com>
Subject: Re: Mediation of A v. B 6/1/2022, 9:00 a.m. – 1:00 p.m.

Hi Karen,

I spoke with R.L. on another matter and he advised that Allstate has re-evaluated after the mediation and is ready to re-engage in negotiations.

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pretrialKaren Koehlermediation
Stay on your side of the line: a trial lawyer's tiff
Stay on your side of the line: a trial lawyer's tiff

From: M

Sent: Friday, April 30, 2021 11:23 AM

Hi Joe, Karen, and Ray:
Despite our failed mediation, I am still confident we can get this resolved. After mediation, I ran several different settlement numbers through the L&I formula to show S’s carrier how much each settlement number would yield to J. As much as you want to get paid, I’m sure your focus is getting a reasonable amount in J’s pocket.

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Karen Koehlerlegal profession, lawyer life, mediation, defense lawyers
The Insult of mediation: story of a waste of time
The Insult of mediation: story of a waste of time

Client has travelled from Idaho with Co-counsel.  Two different plane delays.  Epic rainfall in Seattle.  Not a joy for them.

Defense lawyer and insurance adjuster in one conference room.

Client, co-counsel, Lisa and I are in another.  We spend about 45 minutes with the mediator.  She leaves to meet with the defense.  And is gone.  For a long time.

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Karen Koehlermediation, insurance
Diary of a mediation in Spokane
Diary of a mediation in Spokane

The alarm is ringing.  Try to ignore it, but know cannot.  Look at the phone/clock and it is 4:30.  As in a.m.  Put on ugly red glasses.  Only wear them when no one can see me.  Like now.  Lie there til 4:45.  Finally jump up because  have to make a plane.  Open the drapes.  There is a gigantic full moon that seems to be shining a path across puget sound right into my bedroom.

Rush around. Put on black clothing.  Tell Nala to get up.  Out the door.  Drop her at doggie daycare.  Make it to the airport by 6.  Stand in sluggish security line.  Even the special Spokane shuttle line is clogged.  No worries.  Have time to get a scone and bottle of water from D'Lish.

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Karen Koehlerlawyer life, lawyer schedule, traveling lawyer, mediation
Mediation Meanderings
Mediation Meanderings

I don’t like mediations.   Mediators ask me to take back this sentiment.  But I’m not repentant.  It’s not that I don’t like the mediators.  Some of them I absolutely adore.  But I dislike the process.  In an ideal world I would say – hey we will accept X amount.  The insurance company would say – naw, we won’t pay that but we will pay Y amount.  And then we would give a thumbs up or down without further dickering.  But that is not how it works.  It’s all about the dickering.

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Karen Koehlermediation