ROADS TO Resolution ~ Closure ~ Certainty
Hosted by commercial + insurance mediator and arbitrator, Jean Lawler, this podcast draws on Jean's years of experience as a private practice attorney and neutral to provide insights and information relevant to resolving legal disputes outside of a courtroom, and features interviews with legal and dispute resolution industry leaders--attorneys, mediators, and arbitrators.
Episodes
40 episodes
Thursday Tip of the Day - Address Conflict Early and Directly. Don't Let it Fester. Just Talk!
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1:02
Thursday Tip of the Day - Embrace + Enjoy Your Summer!
Sharing with you today's "Thursday Tip of the Day". Embrace and enjoy your summer!Reconnect with friends, family, yourself. Put on your flip flops and shorts. Enjoy the beach, mountains, rivers, cities, planes and trains - whereve...
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3:23
3 Things Excellent Lawyers Do In Mediation
To be an excellent lawyer for a client in mediation it is not enough to just say, “Oh I’ve got a mediation tomorrow, here, let me pick up the file and head on out.” To be excellent, it takes more than that. Listen to this episode as Host, Jean ...
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9:14
Testing Impasse in Mediation
You know, people think that they are at an impasse... But are they really?Is there perhaps more room to move? Or are you really done?In this episode, Host, Jean Lawler–commercial + insurance mediator and arbitra...
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9:44
Beware the Risks of Rescission of an Insurance Policy
Now, we all learned early in life that you tell the truth. Right? And this is very true when it comes to an application for insurance. In this episode, Host, Jean Lawler–commercial + insurance mediator and arbitrator–discusses recission o...
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7:15
Have You Read The Conditions In Your Contracts?
We have contracts all over. You buy a car, you have a contract. You rent a property, you have a contract. You buy a house, you have a contract. Our lives are filled with contracts, and most of us probably don’t read them word for word. However,...
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8:58
What is Civility and Why it Matters in the Legal Profession and in Life
Civility in the legal profession is embodied in all sorts of laws, rules, codes, and creeds. There’s nothing new about civility. It's just a way of conducting our lives that hopefully will make not just our own lives, but everybody’s lives bett...
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10:37
3 Mistakes Lawyers Make In The Mediation Room That Can Get In The Way When Trying To Settle A Case
Your client’s mediation is coming up. You know your client’s position. You’ve probably prepared your client for what to expect at mediation. However, as the lawyer, have you prepared yourself for how you are going to negotiate at mediatio...
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9:33
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 th...
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1:57
Two Case Law Updates Attorneys Should Know About California Section 998 Offers
Are you an attorney, claims professional or party with litigation pending in California? Are you keeping up with the latest in California Section 998 offers? Watch your 998’s and how you word them!In this quick “Thursday Tip of the Day”,...
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4:19
Insurance Series For Lawyers: Money And Who’s On First For Funding Settlement Payments?
In this final episode of the mini-series on insurance and mediation, Host, Jean Lawler–commercial + insurance mediator and arbitrator–draws from her deep knowledge of the insurance industry, insurance policies and the various risks they insure ...
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8:23
Insurance Series for Lawyers: 5 Tips For Mediating When Insurance Pays The Settlement
In this fifth episode of the mini-series on insurance and mediation, Host, Jean Lawler–commercial + insurance mediator and arbitrator–draws from her deep knowledge of the insurance industry, insurance policies and the various risks they insure ...
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8:50
Insurance Series for Lawyers: Types of Insurance Policies and Insurance Vocabulary
What types of insurance policies are there? Well, there are many many types. But let’s talk about the basic types that end up in mediation or end up in claims. In this episode, Host, Jean Lawler–commercial + insurance mediator and arbitrator–dr...
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10:07
Insurance Series for Lawyers: Insurance Risk Transfer–Who Pays?
The topic of “risk transfer” in insurance can get very complicated. Who pays when you are faced with a lawsuit and there are multiple defendants, and some may owe other defendants (or a defendant) contractual indemnity or have named a co-defend...
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10:11
Insurance Series for Lawyers: 3 Levels of Damages In Bad Faith Cases
Are you a lawyer who encounters insurance issues in mediation from time to time, but not an everyday insurance lawyer? If you aren’t an everyday insurance lawyer, it can be tempting in mediation to just jump right away to talk...
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7:09
For Lawyers Who Are Not Insurance Lawyers: How To Read Any Insurance Policy In 5 Steps
Insurance can be an unknown and maybe even somewhat intimidating aspect of mediation if you’re not an insurance lawyer and if you don't know insurance. Yes, it takes years to understand all insurance, but you can learn to read any insurance pol...
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9:01
3 Strategies Lawyers Can Use To Help Their Clients Overcome Impediments to Settlement In Mediation
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,...
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8:33
Getting To The “Dance Floor” In Mediation: What Lawyers Can Expect When Exchanging Settlement Offers and Demands
Oftentimes settlement negotiations begin with offers or demands that are at the far extreme. So if you do receive an offer or demand that you’re ready to roll your eyes at, and it's like, “Come on, I’m ready to pack it up and leave”. Number one...
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8:42
What Lawyers Should Know When Considering Online Mediation To Try To Settle A Case
Online dispute resolution is here to stay. People like it. There will be those cases where people want in-person mediation, but people have realized the convenience of an online mediation, the cost-savings of an online mediation, and the fact t...
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10:46
“Lazy Days of Summer”: A Great Time for Lawyers and Mediators to Plan and Review
So July has passed, and we’re in those final days of summer, and there’s a lot that can be done now. If you do have a little bit of a lull, certainly enjoy it on a personal basis. Appreciate the time and the season. For both work and play, it's...
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9:51
How To Resolve A Multi-Party Mediation Where There Are Multiple Insurers And/Or Insurance Coverage Issues
The mantra should be that mediation is a process, not an event. So when you have insurance issues or funding that’s coming from insurers–multiple insurers, and maybe multiple insurers and their insureds–then you need to consider how be...
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9:38
Musings On Law Firm Leadership
“Being a law firm leader is an incredible honor. You lead wonderful people and together all of you will work toward the betterment of the firm.” In this episode, Jean Lawler–commercial + insurance mediator and arbitrator–draws from her past exp...
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8:04
Timing Is Everything–When To Mediate
As an attorney, have you ever wondered when is the right time to mediate a case? “Well first of all, there is no one right time. Only you as the lawyers, the parties, the claims representatives, the general counsel, the people involved...
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7:59
Setting The Stage For Mediation–The Value Of Parties Exchanging Mediation Briefs With Each Other Prior To Mediation
The mediation brief is about more than informing the mediator. “It is something that you can use to explain to the other side–whoever the decision-maker might be on the other side–why you think you have a viable case, why it might have th...
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6:53
Pre-Mediation Calls For Better Mediation Preparation
Pre-mediation calls between attorneys and the mediator, whether jointly or separately, are a useful part of mediation preparation. Of course, these calls can be used for things like scheduling, but what is really productive is where, “the media...
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6:50