Publications

THE RULES HAVE CHANGED: SHOULD YOU BE CONCERNED?

Posted on Feb 10, 2017

In September, 2013 changes were made to the Rules of the Commercial Division of the Supreme Court (Section 202.70). These changes most importantly were to Rule 8 - Meet and Confer and Rule 13 - Expanded Expert Witness Discovery. Rule 8(b) specifically targets Electronically Stored Information (ESI) and the discovery of sa...

REVISITING MEDIATION: KEY COMPONENTS TO SUCCESS

Posted on Feb 10, 2017

Most trial lawyers and insurance company adjusters are "old pros" when it comes to mediating a personal injury case. But, if old dogs can learn something new, then re-thinking the mediation of personal injury cases may prove helpful. Let's assume the following fact pattern: A worker was injured in a fall while descendi...

ARBITRATION CLAUSE CONSIDERATIONS IN HEALTH CARE SERVICE AGREEMENTS

Posted on Feb 10, 2017

Many health insurance plan agreements contain language in which the patient agrees, by virtue of their participation in the plan, that any medical malpractice claim will be heard by an arbitrator rather than in court by a jury. In other instances, medical providers and facilities have arbitration clauses contained in the pap...

POWERPOINT CAN HELP YOU PROVE YOUR POINT AT MEDICAL MALPRACTICE MEDIATIONS

Posted on Feb 10, 2017

The parties to a medical malpractice mediation can assist the neutral in helping them achieve a resolution of the claim in issue by presenting their respective positions in a clear and concise manner which helps to identify and limit complex medical issues. Traditionally, the parties to such a mediation have provided the neu...

THE MEDIATION BRIEF: 10 WAYS TO USE IT TO YOUR ADVANTAGE

Posted on Feb 10, 2017

1. Always submit a brief. 2. Use the brief to educate the mediator and your adversary as to your position in advance of the mediation. 3. Use the brief to maximize your use of time and to avoid lengthy arguments during the joint session. 4. Always exchange the brief with your adversary. 5. Exclude from the brief any ...

A FRESH LOOK AT MEDIATION – UNDERSTANDING THE PROCESS

Posted on Feb 10, 2017

Having been a mediator in the Court system and now in the private sector with NAM (National Arbitration and Mediation), I have come to regard private mediation in a new light and with a new understanding about what a mediator can and cannot do, and what mediation can accomplish. Of course, the old rules that were followed in...

RESOLVE THORNY ISSUES BEFORE COMING TO MEDIATION

Posted on Feb 10, 2017

Assume that you are involved as a plaintiff or a defendant (carrier) in a serious injury case and that the injured party has collected workers' compensation so the issue of a lien payback will be part of any settlement. Also assume that the plaintiff may have sought, or is receiving social security disability payments or wil...

10 TIPS FROM THE MEDIATOR – GAINING A CLIENT'S ACCEPTANCE

Posted on Feb 10, 2017

1. Prepare the client for the mediation much in the way you prepare them for trial. 2. Consider how you will manage their expectations. 3. Give them a realistic analysis of the strengths and weaknesses of their case in advance. 4. Discuss the mediation process in detail. 5. Explain the mediator's background and r...