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.
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Thursday Tip of the Day - Address Conflict Early and Directly. Don't Let it Fester. Just Talk!
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Thursday Tip of the Day - Embrace + Enjoy Your Summer!
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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 - wherever your summer will take you. "In the words of Chris Erskine, Writer, from his column this week, titled "Summer Love", I…
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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 Lawler–commercial + insurance mediator and arbitrator–shares her list of top 3 things that excellent lawye…
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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 arbitrator–discusses the following: Two important mediator tools that she uses to test whether parties are at an impasse in mediation: “ifs” and…
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Beware the Risks of Rescission of an Insurance Policy
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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 of an insurance policy and answers the following questions: When does rescission of insurance policies happen? Wh…
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Have You Read The Conditions In Your Contracts?
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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, to put it simply: Read the Contracts! In this episode, Host, Jean Lawler–commercial + insurance mediator …
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What is Civility and Why it Matters in the Legal Profession and in Life
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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 better. And certainly for those of us in the legal profession, isn’t that our calling? In this episode, Host, …
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3 Mistakes Lawyers Make In The Mediation Room That Can Get In The Way When Trying To Settle A Case
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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 mediation? Host, Jean Lawler–commercial + insurance mediator and arbitrator–talks about 3 mistakes lawyers make at media…
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Extreme Opening Offers or Demands Aren't Necessary in Order to Settle Cases in Mediation
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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 m…
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Two Case Law Updates Attorneys Should Know About California Section 998 Offers
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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”, Host, Jean Lawler–commercial + insurance mediator and arbitrator–provides a case law update on two California a…
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Insurance Series For Lawyers: Money And Who’s On First For Funding Settlement Payments?
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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 against to talk about: the insured’s own policy limits and the insured’s own policy and how that then affe…
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Insurance Series for Lawyers: 5 Tips For Mediating When Insurance Pays The Settlement
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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 against to talk about her five tips for mediating where insurance–an insurer–is going to be paying the set…
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Insurance Series for Lawyers: Types of Insurance Policies and Insurance Vocabulary
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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–draws from her deep knowledge of the insurance industry, insurance policies and the various risks they insur…
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Insurance Series for Lawyers: Insurance Risk Transfer–Who Pays?
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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-defendant as an additional insured on their insurance policy? How does this all play out, and what if they don’t…
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Insurance Series for Lawyers: 3 Levels of Damages In Bad Faith Cases
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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 talking about bad faith damages only to have the insurance company’s attorney respond with, “Why is this other attorney just tal…
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For Lawyers Who Are Not Insurance Lawyers: How To Read Any Insurance Policy In 5 Steps
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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 policy in five steps, because there are at least five basic things that every insurance policy includes. In t…
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3 Strategies Lawyers Can Use To Help Their Clients Overcome Impediments to Settlement In Mediation
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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, everybody needs to be nimble and needs to be able to adjust based on how the mediation is going and what …
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Getting To The “Dance Floor” In Mediation: What Lawyers Can Expect When Exchanging Settlement Offers and Demands
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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: Don’t leave. It may take a few offers and demands going back and forth in order to get to the “dance flo…
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What Lawyers Should Know When Considering Online Mediation To Try To Settle A Case
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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 that it works, and does resolve cases. In this episode, Jean Lawler–commercial + insurance mediator and arb…
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“Lazy Days of Summer”: A Great Time for Lawyers and Mediators to Plan and Review
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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 a really magical time of the year. But once you have done your refreshing and revitalizing…What sort of t…
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How To Resolve A Multi-Party Mediation Where There Are Multiple Insurers And/Or Insurance Coverage Issues
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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 best to approach that so it doesn’t negatively impact the mediation in the underlying case. In this episode, Jean Law…
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“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 experience as a managing partner at her former law firm to share her words of wisdom on law firm leadership. …
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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 in the day-to-day aspects of the case can decide when it's the right time. But it is most certainly the wrong time…
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Setting The Stage For Mediation–The Value Of Parties Exchanging Mediation Briefs With Each Other Prior To Mediation
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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 the value that you will ultimately be asking for or be willing to pay, once you’re in the mediation session. It ca…
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Pre-Mediation Calls For Better Mediation Preparation
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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 mediator serves as a moderator–so to speak–of that call, and asks questions like, ‘Are there any other document…
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Mediating Federal ADA Title III Cases–What Questions Should A Mediator Know Answers To Before Mediation Day?
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There have been a number of ADA lawsuits filed in federal courts across the country recently. For lawyers using mediation to try to settle these cases, there are five key questions that are helpful for the mediator to know the answers to before mediation day. In this episode, Jean Lawler–commercial + insurance mediator and arbitrator–draws from her…
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“There are many reasons why it can be hard to settle a case, or why the case seems like it's unresolvable. But in fact, it really is resolvable.” In this episode, Jean Lawler–commercial + insurance mediator and arbitrator–draws from her experience as a mediator to discuss ways lawyers can help the mediation process along when a case seems unresolva…
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Bracketing: A Tool For Getting To The “Dance Floor” In Mediation
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“If you are doing brackets, watch how they move and keep an eye on the midpoint. Are you seeing that the midpoint stays about the same? Does it go up, does it go down? What is the other party signaling?” In this episode, Jean Lawler–commercial + insurance mediator and arbitrator–draws from her experience as a mediator to provide an overview for law…
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The “Mediator’s Proposal”: Pegging a Number That Makes Both Sides Stretch
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“I don’t recommend that people negotiate to the point of wanting to have a mediator’s proposal. Ideally you and your clients are able to control your own negotiations, control your own outcome without needing that, but it's a wonderful tool to be able to be used when appropriate and when necessary.” In this episode, Jean Lawler–commercial + insuran…
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Tips For Lawyers From A Mediator: 5 Things Not To Do During Settlement Discussions In Mediation
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As a lawyer representing your client at mediation, have you ever asked for a mediator’s proposal when the numbers weren’t even close? Or have you ever given up on mediation too soon? Remember that in mediation, your goal is to get to the “dance floor” and dance. With each settlement offer you make, you are trying to narrow that “dance floor” to the…
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Growing Your Mediation Practice by Developing and Promoting You as the Mediator
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Even if you’ve been in law practice for decades before switching to a mediation practice, it’s one thing to be an advocate in a mediation, and it’s another to be the neutral. Developing and promoting you as a mediator involves developing your mediation skills and getting the word out about your mediation practice. In this episode, Jean Lawler–comme…
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Resources for Mediators–Setting Up Your Office, Part 2
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Client service is key, no matter how big or small the mediation practice. Commercial + insurance mediator and arbitrator, Jean Lawler, knows what it's like to “switch gears” from law practice to a mediation practice, and in this episode, Jean talks about the “client-facing” office operations aspect of running a mediation practice. From how to have …
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Resources for Mediators–Setting Up Your Office, Part 1
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“First of all, remember that when you're starting your mediation practice, that you’re really starting a business.” Commercial + insurance mediator and arbitrator, Jean Lawler, knows what it's like to “switch gears” from law practice to a mediation practice, and in this episode she shares her tips for how the seasoned-attorney-new-mediator can set …
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“I’ve said before when I go into a courthouse, I still get the feeling after all these years, when I stand outside the door like I want to just straighten my shoulders and take a deep breath and think, ‘wow, I’m an attorney, I’m an officer of the court, and I can go in, and I can make a difference in someone’s life, through this way, through the la…
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Insurance is a contract, and when Jean mediates an insurance dispute, she wants to look at the insurance policy, or at least the forms and the “dec page”. Commercial + insurance mediator and arbitrator, Jean Lawler, shares her thoughts for how advocates on both sides of an insurance case can help their clients in mediation. Episode highlights inclu…
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How To Be A Fantastic Lawyer And A Good Human
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"The choices you make, they dictate your life." Commercial + insurance mediator and arbitrator, Jean Lawler, reflects on her 40+ years as a lawyer. From her time spent as a former managing partner of a law firm to that time she met Margaret Thatcher—Jean shares her wisdom on how lawyers can excel both at the office and at home, while reminding lawy…
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Litigation involves people, even if the dispute involves a business and even if it involves a multinational business. Commercial + insurance mediator and arbitrator, Jean Lawler, discusses two key areas to focus on to manage party expectations in mediation, in order to keep parties moving forward. Episode highlights include: The steps attorneys can…
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Tell Me More: Building a Practice in the Dispute Resolution Industry with Natalie Armstrong-Motin
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Commercial + insurance mediator and arbitrator, Jean Lawler, talks to Natalie Armstrong-Motin, peacemaker and marketing consultant to the resolution industry. Episode highlights include: How dispute resolutionists can engage in professional development while helping to raise money for food banks around the world The current trend in how clients are…
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How Attorneys Can Make The Most Of Mediation For Their Clients
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Mediation day is a very important day for clients (and attorneys too!). Commercial + insurance mediator and arbitrator, Jean Lawler, discusses her three tips for how attorneys can approach mediation to help their clients accomplish their goals. Episode highlights include: •What to focus on in mediation •How mediation can be used to build relationsh…
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Welcome to ROADS TO Resolution ~ Closure ~ Certainty
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Meet the host, Jean Lawler. As a commercial + insurance mediator and arbitrator, Jean shares her vision for the “roads” ahead for this podcast. To connect with Jean Lawler, follow her on LinkedIn or find her at LawlerADR.com. To read the episode transcript, please see the Podcast Website.By Jean M. Lawler
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