ROADS TO Resolution ~ Closure ~ Certainty

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 blessings. Breathe deep the sea.Didn't Joni Mitchell write something about "the hissing of summer lawns"? How evocative. ..."For Chris' full column, you can find him at www.chriserskinela.com.I hope you enjoy your summer and am taking my own advice, taking a break for the next two weeks to "breathe deep the sea" (Erskine) and to listen to "the hissing of summer lawns" (Mitchell). I hope you are able to do the same, wherever you find yourself. Happy Summer and enjoy this short podcast episode.

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 AbramsWill Work For Food: The New Possibilities Hour, Holding the Calm, The Advanced Course, Presented by Hesha AbramsTo 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.”Connect with Jean:Thanks for listening to the podcast! Want more?LinkedInWebsiteYouTube ChannelFollow the podcast:Available on Apple Podcasts, Spotify, Google Podcasts, and more!

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'Brien  Negotiation- Lessons From Diplomacy, Will Work For Food: The New Possibilities Hour presentation, April 13, 2023.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.”Connect with Jean:Thanks for listening to the podcast! Want more?LinkedInWebsiteYouTube ChannelFollow the podcast:Available on Apple Podcasts, Spotify, Google Podcasts, and more!

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 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.”Connect with Jean:Thanks for listening to the podcast! Want more?LinkedInWebsiteYouTube ChannelFollow the podcast:Available on Apple Podcasts, Spotify, Google Podcasts, and more!

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 episode transcript please see the Podcast Website.Case Mentioned:Santa Clara Valley Water District v. Century Indemnity Company, 2023 DJ DAR 2729About 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.”Connect with Jean:Thanks for listening to the podcast! Want more?LinkedInWebsiteYouTube ChannelFollow the podcast:Available on Apple Podcasts, Spotify, Google Podcasts, and more!

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 the difference.To read the full episode transcript please see the Podcast Website.Links to Resources Mentioned:One Word: Civility, By Linda KleinOhio Lawyer’s Creed (see page 3 of link)Attorney Civility and Professionalism (ca.gov)State Bar of California: Proposed Amendment Requiring Attorneys to Complete Annual Civility PledgeAbout 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.”Connect with Jean:Thanks for listening to the podcast! Want more?LinkedInWebsiteYouTube ChannelFollow the podcast:Available on Apple Podcasts, Spotify, Google Podcasts, and more!

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 mistakes to avoid.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.”Connect with Jean:Thanks for listening to the podcast! Want to connect or view more content from Jean?LinkedInWebsiteYouTube ChannelFollow the podcast:If you would like to get automatic updates of new podcast episodes, you can follow this podcast on Apple Podcasts. Also available on Spotify, Google Podcasts, Amazon Music, Podcast Addict, and more!

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.”Connect with Jean:Thanks for listening to the podcast! Want to connect or view more content from Jean?LinkedInWebsiteYouTube ChannelFollow the podcast:If you would like to get automatic updates of new podcast episodes, you can follow this podcast on Apple Podcasts. Also available on Spotify, Google Podcasts, Amazon Music, Podcast Addict, and more!

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 or the other - and the consequences of such.Trujillo v. City of Los AngelesCouncil for Education and Research on Toxics v. Starbucks Corp. et alTo read the full episode transcript please see the Podcast Website.Since this recording, an appellate decision in the case of Chen v. BMW of North America was published, providing an excellent discussion and roadmap of a 998 offer that was correctly extended, in accord with statutory requirements, and how the 998 offer should be applied. There, a settlement on the courthouse steps was for the same amount as a 998 offer that had been issued by the defense approximately 2 years prior. This opinion can be found at: www.courts.ca.gov/opinions/documents/H048257.PDF.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.”Connect with Jean:Thanks for listening to the podcast! Want to connect or view more content from Jean?LinkedInWebsiteYouTube ChannelFollow the podcast:If you would like to get automatic updates of new podcast episodes, you can follow this podcast on Apple Podcasts. Also available on Spotify, Google Podcasts, Amazon Music, Podcast Addict, and more!

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 include: “Burning limits”“SIR” (self-insured retention)DeductibleCertificate of insuranceTo 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.”Connect with Jean:Thanks for listening to the podcast! Want to connect or view more content from Jean?LinkedInWebsiteYouTube Channel Follow the podcast:If you would like to get automatic updates of new podcast episodes, you can follow this podcast on Apple Podcasts. Also available on Spotify, Google Podcasts, Amazon Music, Podcast Addict, and more!

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 mediation brief that can be shared with the other sideWhy civility mattersWhy it’s important for the mediator to understand what a lawyer’s client needs in mediationWhat to do if the case hasn’t settled at the end of mediationTo 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.”Connect with Jean:Thanks for listening to the podcast! Want to connect or view more content from Jean?LinkedInWebsiteYouTube Channel Follow the podcast:If you would like to get automatic updates of new podcast episodes, you can follow this podcast on Apple Podcasts. Also available on Spotify, Google Podcasts, Amazon Music, Podcast Addict, and more!

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, tower of insurance, and more!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.”Connect with Jean:Thanks for listening to the podcast! Want to connect or view more content from Jean?LinkedInWebsiteYouTube Channel Follow the podcast:If you would like to get automatic updates of new podcast episodes, you can follow this podcast on Apple Podcasts. Also available on Spotify, Google Podcasts, Amazon Music, Podcast Addict, and more!

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 knowledge of the insurance industry, insurance policies and the various risks they insure against to discuss two ways to transfer risk and how it works, including a discussion of a hypothetical.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.”Connect with Jean:Thanks for listening to the podcast! Want to connect or view more content from Jean?Jean's LinkedInJean's Website

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 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 discuss the three levels of damages in bad faith cases: contractual damages, extra-contractual damages, and punitive damages. 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.”Connect with Jean:Thanks for listening to this podcast episode! Want to connect or view more content from Jean?LinkedIn: https://www.linkedin.com/in/jean-lawlerEmail: jlawler@lawleradr.comWebsite: https://www.lawleradr.com/YouTube: https://www.youtube.com/channel/UCAqdssKuahXFmhvOlxaIcVQ/featuredFollow the podcast:If you would like to be notified of new podcast episodes, you can follow this podcast on Apple Podcasts. Also available on Spotify, Google Podcasts, Amazon Music, Podcast Addict, and more!

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 and the various risks they insure against to discuss how to read an insurance policy in five steps. Questions answered include:What do you find out when you look at the declarations page (“dec page”)?What is the insuring agreement?What are exclusions?What are conditions?What are endorsements?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.”To connect with Jean Lawler, follow her on LinkedIn or find her at LawlerADR.com.

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 strategies (plus a bonus strategy!) including:Starting settlement discussions by working on the terms, rather than dollar amountsFocusing on party interests and needsHelping parties envision the future*Bonus strategy: What you need to do at the end of mediation day if you don’t quite have a settlement yetTo read the full episode transcript please see the Podcast Website.About the Host:Based in Los Angeles, CA, Jean Lawler is an attorney, mediator and arbitrator. She mediates a wide variety of insurance, business, and tort matters at pre-suit, trial and appellate levels, as well as federal ADA accessibility lawsuits re architectural barriers and websites. CIPP/US certified, Jean also mediates matters involving data breaches, ransomware and cyber losses. She arbitrates insurance and business disputes and is on the AAA Commercial Arbitration and Mediation panels.  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, in arbitration 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). Jean also served as firmwide Managing Partner of her former law firm (being intimately involved with decision making re financial, contract, employment and real estate matters), and at times chaired the firm’s Insurance Law, Cyber & Privacy Law, International Law, and Business & Real Estate Transactions practice groups and, ultimately, serving her many clients as counselor and trusted advisor.Jean absolutely loves what she does and would be honored to serve as your Mediator or to Arbitrate your dispute! To connect with Jean Lawler, follow her on LinkedIn or find her at LawlerADR.com.

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 arbitrator–draws from her experience as a mediator to discuss what lawyers can expect from exchanging settlement offers and demands in mediation.  Episode highlights include:How offers/demands go from the “insult zone”, to the “credible zone”, to the “reasonableness zone” and what to expect at each zoneWhat to do once you arrive at the “dance floor” in mediationTo connect with Jean Lawler, follow her on LinkedIn or find her at LawlerADR.com.To read the full episode transcript please see the Podcast Website.

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 mediation to try to settle cases.  Questions answered include:Do you need to be in-person to read body language in mediation?What circumstances might favor an in-person mediation over an online mediation?Does online mediation work for both small dollar value cases and larger dollar value cases?Does the case type matter when considering online mediation?To connect with Jean Lawler, follow her on LinkedIn or find her at LawlerADR.com.To read the full episode transcript please see the Podcast Website.

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 and arbitrator–draws from her experience both in practice and as a mediator to discuss the value of doing a mid-year review of your cases/workload and why you should revisit your yearly goals.  Episode highlights include:Examples of what to focus on during your mid-year reviewExamples of business development goals to prioritize for the rest of the yearTo connect with Jean Lawler, follow her on LinkedIn or find her at LawlerADR.com.To read the full episode transcript please see the Podcast Website.