Welcome
“Get Your Game ON!”
The Cards May Look The Same But The Game Has
Changed
19th Annual TIDA Industry Seminar
Wednesday - Friday
October 12-14, 2011
Paris
Las Vegas, NV
Presented By
Harvey Mensch, Manager of Casualty at USA Truck, Inc.
Guy Perrier, Founding Partner at Perrier & Lacoste New
Orleans, LA
Ken Abbarno, Partner at Reminger Co. Cleveland, OH
Mike Fulmer, Senior Corp. Counsel at YRC, Cleveland, OH
Karen Podett, Senior Manager Liability Claims, at The
Coca-Cola Comp. Atlanta, GA
The Cards My Look The Same But The
Game Has Changed
We will be taking an in-depth look into alternative resolution
for your claims and litigation. It is never more critical than
ever to start thinking and planning your strategies from the
beginning. The panel will give there meaningful insight from
pre-suit settlement strategies, personalization of the
company, and why it is very important to investigate and
know the plaintiff counsel as well as the mediator to insure
a successful resolution.
Resolving It Before It Begins
1. Why?
• Confidentiality – pre-litigation information does not go
public
• Cost savings – it is a business
• Reduces caseload and stress
• Minimizes risk
2. What to do?
Improve your Game & be Personable
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Immediate response
CAT team
Obtaining documents
Interviews
Witnesses
Run civil indexes
Criminal indexes
Know the likely venue/Judge/attorney
• Take control expedite payment of property
damage/rental
• Be reasonable & fair
• Use local counsel as a partner
3. How to Resolve it?
• Mediation
• Phone calls
• Cup of coffee
4. Try Cases
5. Resolution works best if the local bar
knows you will only be fair.
Making It Personal
1. Timing of initial/Personalized contact
• Have more than just an attorney present;
• Perhaps not have an attorney present.
2. Identify motivating factors with the
plaintiff.
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For example:
Resolution;
Retribution;
Revenge;
• Need for an apology;
3. Identify the emotional landscape involved.
• Father;
• Sibling;
• Type of family.
4.
Communication
• Make sure that efforts to reach out to the family through
their lawyer are making their way to the family.
5. Empower the plaintiff
6. Be open at the outset.
What You Need To Know About Opposing
Counsel
We are going to talk about:
• Knowing the risk
• Knowing opposing counsel and his firms reputation
• Knowing opposing counsel’s case resolution strategy
1. Know the risk!
• Don’t abandon your high exposure claims
• There is more than liability and damages
• Always evaluate the “heat” in the case
2. What is “heat” in the case?
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Prior accidents
Positive test for drugs or alcohol
Driver’s medical condition
Gross negligence
Texting or cell phone use
Defective equipment
3. Know opposing counsel and the firm’s
reputation.
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Hiring local counsel
Size of the firm
Types of cases are handled
“Settlement mill” or trial lawyers
Relationship and reputation with local judges
Quality experts
Organizations and Civic Associations
4. Know opposing counsel’s resolution
strategies.
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Hard work for a fee
Timing and reasonableness of demand
Typical settlement timing
Mediation
Purpose of mediation
Conclusion
• Know the risk
• Know opposing counsel and the firm’s reputation
• Know opposing counsel’s resolution strategies
Mediators: Knowing how to use them
Instead of Getting Used by Them
1. Know who the mediator is
• Mediator’s bio
• What others say about their experiences with the
mediator
• What impact, if any, your specific case might have on
the mediator
2. Educate the mediator about your
company/client and about you
3. Know your mediation goal
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Dollar / Settlement goal
Positioning via mediation
What would change your set goal?
Know the next step should you need one
4. Evaluate and respond to the Mediator’s
style of communication
• What is the mediator saying, and what is the
mediator meaning?
• Based on your communication with the mediator,
what is the mediator’s position on the case? The
claimant? The value? The stumbling blocks to
resolution? Use his/her impressions as a check for
your impressions. Can they make you more objective
in your review and evaluation?
Conclusion
• What does your role need to be? Can
you play that role?
• What messages do you need to use the
mediator to deliver that you cannot
deliver?
• Do you use/ keep the mediator involved
post-mediation?
Questions