Claim OwnershipROADS TO Resolution ~ Closure ~ Certainty
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© 2023 ROADS TO Resolution ~ Closure ~ Certainty
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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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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 quote:"I prefer a summer day that yawns a little. I like a moon that stays up late.It's the heart of summer. Eat some custard. Count your bles...
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 lawyers do for their clients in mediation.Resources mentioned:Holding the Calm: The Secret to Resolving Conflict and Diffusing Tension by Hesha Abr...
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 ranges The benefits of “ifs”, andHow to know when you are at an impasseResource Link:Ambassador & Former National Security Advisor, Robert O...
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?What kind of situations can you get into with this?Who could potentially be dragged into these suits?To read the full episode transcript please s...
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 and arbitrator–discusses four examples of conditions in contracts that can become impediments to rights if not complied with.To read the full episod...
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, Jean Lawler–commercial + insurance mediator and arbitrator–talks about what civility is, why it matters to lawyers, and the one key word that makes...
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 mediation. Hint: Effective negotiation at mediation is about more than just knowing your client’s case! Listen to this episode to learn more about...
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...
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 appellate court cases that were decided on October 28, 2022, examples of 998 offers that were either not properly extended or accepted by one party o...
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 affects the claims and lawsuits that might be asserted against the insured and who’s making payments to settle those. Terms discussed in this episode i...
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 settlement money. Episode highlights include: Why lawyers should prepare early and share information in mediationWhy lawyers should draft a media...
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 insure against to talk about: a first-party policy vs. a third-party policy, primary and excess policies, an occurrence policy vs. a claims-made policy,...
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 go ahead and honor that obligation? In this episode, Host, Jean Lawler–commercial + insurance mediator and arbitrator–draws from her deep kn...
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 talking about all these bad faith damages, but they’re not claiming that we didn’t pay them everything that was owed?” In this episode, host Jean Lawl...
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 this episode, Jean Lawler–commercial + insurance mediator and arbitrator–draws from her deep knowledge of the insurance industry, insurance policies...
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 comes out. In this episode, Jean Lawler–commercial + insurance mediator and arbitrator–draws from her experience as a mediator to discuss three str...
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 floor”--a range where parties can be negotiating for a final settlement. In this episode, Jean Lawler–commercial + insurance mediator and arbitr...
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 arbitrator–draws from her experience in mediating 245 online mediations since March 11, 2020 to answer common questions related to the use of online me...
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 things on a professional level can you do to help the rest of your year go smoothly? In this episode, Jean Lawler–commercial + insurance mediator an...
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