How much of your time is spent planning for and engaging in mediation of medical malpractice cases? Probably a lot, given that around 85% of these cases are settled out of court. The secret is to get the most out of the time you spend in mediation.
In today’s Think Piece, we offer a tip for making the mediation process more effective. Please click the link to watch the video, or read the overview below.
If you are approaching mediation in a case involving multiple defendants with potential exposure, it may be necessary to “mediate” with your co-defendants first. Countless hours have been spent arguing who is more responsible and hashing out how much (in dollars or percentage) each defendant should contribute toward settlement. Before you know it, a day of negotiations has come and gone, and the focus was needlessly shifted away from plaintiffs.
Don’t let that happen. Where possible, establish an agreed upon proportion or amount each defendant would be willing to pay toward settlement, predicated on joint resolution, before the mediation with plaintiffs. Resolving these issues first, will allow you to focus jointly on the real task at hand: convincing the plaintiffs to be reasonable!
Bottom line: don’t waste your day mediating the wrong conflict. Work out an arrangement with co-defendants before your next mediation and focus together on a better “bottom line” for all.
If you have any questions about this or other defense strategies, please contact us.
January 2015 — We are proud to announce that Waranch & Brown, LLC has been named by Fortune Magazine and LexisNexis® Martindale-Hubbell® as one of the Top Law Firms in the United States for 2015. This is the third consecutive year the firm has received this recognition.