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The Voyage of the Wet Wasp

Robert Gruber

Up until very recently, many of my clients looked upon mediation as almost a necessary evil in the claims handling and closing process.  The day could be long and the only guarantee was that each party would get one half of a bill at the end—whether the case settled or not!

But now, I have clients asking for mediation—even in claims in which it isn’t mandatory.  I used to think they just wanted to spend an afternoon with me, but that is not the case.  Mediation is really a no lose exercise, if looked at properly.  Your mediation will either settle your case in a manner that is much more pleasant and efficient than a hearing, or you will learn things about your case and, more importantly, something about the other side’s case that you did not know before and probably would not have discovered otherwise.

But a productive mediation does not happen naturally and the success depends upon the preparation and strategy going in.  Do you make an opening statement (and what do you say if you do)?  What is the mediator’s responsibility, is there a right time to walk out, and when do you drop the bomb?

Please join us at Clement Rivers, LLP on April 14, 2016 for our presentation of The Voyage of the Wet Wasp in which we address these and other mediation strategies.