It's not always about the money when it comes to reducing your caseload | #10

Is your case only about money?

There is more to a closed case than money. 

Know your case and know your client. 

What will motivate your client to resolve the case? 

• Money?
• Certainty?
• An apology?

It may surprise you to learn: 
➤ With mediation, you actually create the future of your case

➤ Case resolution can flip fast based on non-monetary factors

➤ Mediation is less about reality than your vision for expedient resolution

ARE YOU READY TO RESOLVE MORE CASES THAN YOU EVER DID?

READY TO CREATE YOUR OWN FUTURE?

⚖️ I believe Successful Resolutions through Mediation are possible...when you implement the Relational Mediation Method I teach in each episode.

☎️  BOOK YOUR FREE 20-MINUTE C0NSULT  to learn how mediation can save you time, reduce stress, reduce costs and make happier clients and happier you. 

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Transcript

### It's Not Always About the Money | Episode #13

Show me the money. What do you mean show me the money? 

Do you really think it's about show me the money? 

Do you really think that this is always the endgame in personal injury representation and claims work? 

What if I told you that the resolution of difficult cases, it isn't always about the money.

Cases and resolutions can be much more nuanced. Now, am I suggesting that compensation or money is not the endgame of personal injury litigation? No, of course not. After all, we still have not figured out how to replace a limb, a lost job, eyesight, or even life itself. Until we do, compensation in the form of money will have to continue to be the best we can do to bring some justice to an injured party.

While we are on the topic of money as compensation, let's hear it for the creators of the insurance industry. I remember learning about Lloyd's of London when ships would go out to sea and great risk-takers and insurance companies themselves led to great exploration and creation. So I say, let's hear it for the creators of the insurance industry because that much-maligned industry, hated by many, is indispensable until needed.

Say what you want about the industry, but in the personal injury field, without insurance, many injured parties would not have the opportunity to get back on their feet. To my way of thinking, it might be a little simplistic, but for our purposes today, let me throw it out there: there are two things that prevent revolutions. One, the lottery and two, the ability to get justice for harms in the civil legal system. Without these two opportunities, there would be much more chaos in the world than exists today.

It would be on a very micro level—people versus people—there would be great chaos and instability in neighborhoods and in peaceful existence. Look around the world today; much of the chaos that exists does so in countries with instability, a lack of a legal system that can redress and address problems. They have these things in common: a suspect legal system, no real compensatory system of insurance, and no honesty or justice. Those countries and cultures are at risk due to a lack of hope. People without hope are more apt to act out, seeking change in any way possible and not always the peaceful way.

It is one of the reasons I hold our profession in such high regard. I consider our profession—the attorneys, the adjusters, the other claims professionals—in the claims field, to be the preventers of revolutions. We provide real relief where it is needed at the grassroots level. Deep down, it is why you will feel such great accomplishment when a case is resolved. It is the closed case that is most satisfying, not the one that makes the most money. It's the case that resolves best.

What do I mean by that? We started this discussion by saying that settlement doesn't always mean money. However, a statement like that reminds me of a few movies. The famous "Show me the money" line, but the movie I'm thinking about to bring into this conversation is 'The Princess Bride.' Inigo Montoya is played by Mandy Patinkin, Wesley by Cary Elwes, Billy Crystal is Miracle Max, and Fezzik by Andre the Giant. They are all in many scenes, but the one I want to focus on is where Wesley appears dead.

Hello there. This is Tony Mascolo, a former litigating attorney with a practice in New York City, with four decades of experience in personal injury cases. I settled between 95 to 98 percent of the cases I handled, and I'd venture to say that you should be doing the same and can be doing the same. The only thing I did wrong was not settling as quickly and efficiently as I could. It took me 40 years to learn how to do that, and now I'd like to share it with you.

Besides my relational mediation method, one big element is to go to mediation. I didn't do enough of that, so I'm here to have you consider doing that on your caseload to reduce it, save costs, make happy clients, and achieve a happier you. At Smart To Mediate, I am the mediator who does the mediations for you. What is it you get? A caring individual who aims to close your case. Contact me at smarttomtediate.com/clear/book-a-call. Let’s find ways to reduce your caseload, save costs, make happier clients, and a happier you.

I'm back. We left off talking about 'The Princess Bride,' with a couple of very interesting characters. The protagonist, Inigo, Wesley, and Billy Crystal's character, Miracle Max. The scene I'm focusing on, which is relevant to what we do, is very funny but also poignant. Wesley has been slain and they take him to Miracle Max, who tells them to go away. However, they persuade him that their friend needs a miracle. Max examines Wesley, picks up his arm, drops it down, and says, "I've seen worse." He asks if they have money.

They tell him a number, I think it's 65 or something. Miracle Max is not impressed and says, "You probably want him to be alive, right? Because he owes you money." Inigo says, "No way you're ever going to find out. No, he doesn't owe me money." Max then says a famous line, "He's not dead, he's just mostly dead, and mostly dead means slightly alive." Max performs his magic, gives them directions, and sends them off, not knowing if it will work. But he gave them hope.

In our work, it's not always about the money. Just like Max, we must consider what else is needed besides money. An apology, an acknowledgment, or understanding deeper needs can resolve a case better than money alone.

For instance, in one case, the client refused to settle for money alone—he wanted an acknowledgment of the defendant’s responsibility and an apology for rude treatment during a deposition. Once this was provided, the case was resolved quickly.

In another case involving a slip-and-fall at a horse racing track, a lifetime pass to the track, along with money, settled the case. The mediator understood the client’s love for racing, demonstrating creative thinking beyond just financial compensation.

To sum up, it's essential to know your client and realize that it may not always be about the money. Learn what motivates your client before mediation and figure out if non-monetary terms can resolve the case. This thinking helps build relationships and better understand everyone involved.

With this approach, you will have a case that is not mostly closed, but totally closed—the ultimate goal for every attorney and adjuster in this business.