Extreme Opening Offers or Demands Aren't Necessary in Order to Settle Cases in Mediation

As an attorney, do you ever start mediation by making an extreme opening offer or demand–one that is either really far below or really far above where your client ultimately wants to settle?

In this quick, two-minute “Thursday Tip of the Day”, Host, Jean Lawler–commercial + insurance mediator and arbitrator–talks about why attorneys don't need to make opening offers or demands that are in the "insult zone" in order to end up where they want to be.

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


About the Host:

Based in Los Angeles, CA, Jean Lawler is an attorney and mediator, focusing on commercial, insurance and civil litigation matters pending at the trial and appellate levels - wherever filed. She regularly mediates a wide variety of insurance, business, and tort matters, as well as federal ADA accessibility lawsuits re architectural barriers and websites. CIPP/US (Certified Information Privacy Professional) certified, Jean also mediates matters involving data breaches, ransomware, and cyber losses. She has mediated hundreds upon hundreds - thousands - of cases over the years with a myriad of issues. For a more detailed sampling of the types of mediations that she has conducted and participated in, both when in practice and as a full-time mediator, please refer to her web page detailing Representative Matters.

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 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). She also served as a Managing Partner of her former law firm, at times chairing the firm’s Insurance Law, Cyber & Privacy Law, International Law, and Business & Real Estate Transactions practice groups and, ultimately, served her many clients as counselor and trusted advisor.

As she would tell you if asked: “I absolutely love what I do! I would be honored to serve as your Mediator or Arbitrator.”


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Transcript

Thank you for reading this transcript of the ROADS TO Resolution ~Closure ~Certainty Podcast. In this episode entitled, “Extreme Opening Offers or Demands Aren't Necessary in Order to Settle Cases in Mediation”, Host, Jean Lawler, shares a quick tip for the day from her weekly YouTube video series entitled “Thursday Tip of the Day”, which can also be viewed on her Youtube Channel. To improve readability, this clean verbatim transcript also includes headings (not part of the audio) and bolded terms. The transcript is human generated, so there may be minor errors. Thanks for your time!

[intro music]

JEAN LAWLER:

Hi, I’m Jean Lawler, I’m your host of the ROADS TO Resolution ~Closure and ~Certainty Podcast. And it's great to be here with you today. Since it's Thursday, then it's time for my “Thursday Tip for the Day”. 

And this week it is: You do not need to start a mediation with an opening offer or demand that is in the “insult zone” to end up in a range or at a number where you would like to be, or possibly like to be.

So, the “insult zone”--that’s really far out here. You’ve got one extreme or the other. 

I recently had a plaintiff attorney make an eight-figure demand to start a mediation where he was really looking for a six-figure settlement. Needless to say, it took a long time to get back down into a range that could result in a settlement for him. And on the other hand, I’ve had many mediations where it starts with, even a four-figure offer in a case that ends up being high five-figures or whatever. 

The Takeaway:

But, bottom line, whatever your numbers, whatever your case, each case is unique. Just keep in mind that you do not need to be so far out on either end that you insult or offend the other party or just take up a lot of the mediation time for which you’re either paying for or getting free through the Court only a certain number of hours. And make good use of your time, and establish your credibility early. 

So that is my tip for the day today. Thanks so much, and we’ll see you next week. Bye bye. 

[outro music]