3 Strategies Lawyers Can Use To Help Their Clients Overcome Impediments to Settlement In Mediation

ROADS TO Resolution ~ Closure ~ Certainty

There are as many ways to overcome impediments to settlement as there are creativity and people involved. Every case is unique and every situation is unique. There’s no one “right” answer which means that the parties, the mediator, the lawyers, everybody needs to be nimble and needs to be able to adjust based on how the mediation is going and what comes out. In this episode, Jean Lawler–commercial + insurance mediator and arbitrator–draws from her experience as a mediator to discuss three strategies (plus a bonus strategy!) including:

• Starting settlement discussions by working on the terms, rather than dollar amounts
• Focusing on party interests and needs
• Helping parties envision the future
• *Bonus strategy: What you need to do at the end of mediation day if you don’t quite have a settlement yet

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

About the Host:

Based in Los Angeles, CA, Jean Lawler is an attorney, mediator and arbitrator. She mediates a wide variety of insurance, business, and tort matters at pre-suit, trial and appellate levels, as well as federal ADA accessibility lawsuits re architectural barriers and websites. CIPP/US certified, Jean also mediates matters involving data breaches, ransomware and cyber losses. She arbitrates insurance and business disputes and is on the AAA Commercial Arbitration and Mediation panels.

Prior to becoming a full-time mediator in 2017, Jean was a Senior Partner in a Los Angeles based litigation firm, representing corporations, professionals, non-profits, individuals, and insurers in a broad range of matters, at trial, in arbitration and on appeal - mediating hundreds upon hundreds of cases over the years. Her legal experience has been diverse and international and she has a deep knowledge of the insurance industry, insurance policies and the various risks they insure against (primary, excess, reinsurance, program, surplus lines, London Market, and international insurers). Jean also served as firmwide Managing Partner of her former law firm (being intimately involved with decision making re financial, contract, employment and real estate matters), and at times chaired the firm’s Insurance Law, Cyber & Privacy Law, International Law, and Business & Real Estate Transactions practice groups and, ultimately, serving her many clients as counselor and trusted advisor.

Jean absolutely loves what she does and would be honored to serve as your Mediator or to Arbitrate your dispute! To connect with Jean Lawler, follow her on LinkedIn or find her at LawlerADR.com.