Navigating the Complexities of ADR: Understanding Settlements and Plaintiff Concerns
In the world of Alternative Dispute Resolution (ADR), demands and settlements are evolving amidst new challenges. Mediators must approach the process with preparedness, politeness, and patience. Plaintiffs often feel isolated, believing their unique experiences warrant special compensation for their pain. Misunderstandings about the settlement process, the implications for court proceedings, and medical bills add to their frustration. This overview highlights common sentiments from plaintiffs, addressing their concerns about contributory fault and future implications while clarifying the essential role of mediation.
Navigating the Complexities of ADR: Understanding Settlements and Plaintiff Concerns
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Presentation Transcript
What’s New in ADR Demands are all over the board Settlements are still taking place Settlement ranges not related to initial demands New players are entering the field
What Mediator needs from You Preparedness Politeness Patience
What is going on with Plaintiff? “I am the only one in the world that has had this experience” “I should be fairly compensated for the pain that I am enduring”
“No body realizes how this has affected me” Who is my attorney, anyway, telling me that I could win at trial and I could get no money in my pocket? My case is different.
My family says that I should just go to court—like they do on TV This mediation has lasted longer than most TV programs
What does “settlement” mean? Do we still go to court? If we settle, what happens with the bills that I owe to my medical providers?
“What is contributory fault? “ “What does the fact that I have had back problems since I fell off the ladder have to do with this auto accident?” “I am not imagining this pain”
“How much do I owe my physicians?” “What about my life in the future?” “I am missing work for this mediation” “I thought that I would just call a lawyer and a settlement” “I hated my deposition”
