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I came to my clients prepare for his upcoming mediation. The first thing he did was show me all the wonderful family photos from his client and her husband, the testator.
"My husband was the perfect plaintiff," the lawyer began. "Spent tons of time with his children. He was the one who took them to school almost every morning, he supervises all of its teams. An older man in his church. Loved by his neighbors. A great professional. His wife is a great testimony. And that, "he said at the autopsy photos," is what happens to him. We will ring in this case. "
I saw the still photos, but I thought was: "What?"
So what?
Your AUDIENCE
Yes, yes, which? These images, the stories, the personification of the deceased all have their place in a study. In a mediation, it is something different. We play not to jurors. We play to the person who has the purse strings. The insurance adjuster. Is an insurance adjuster ensure that your young client was Phi Beta Kappa? Not likely. Is an insurance-based adjuster emotionally affected because their customers were burned off his legs while he sat half and half of the SUV, only to transfer him? Doubtful.
Insurance adjusters have the worst of the worst. They see horrific injuries every day. They see "perfect" plaintiffs every day. It can not be moved. What insurance adjusters take care of?
Insurance adjusters care about one thing more than anything in the world, even more than money.
Risk.
If an insurance adjuster is to listen and observe a mediation through the presentation of the plaintiff, she wonders: "What is my downside here? What is my risk?" And she is constantly weighing the risks of going to court against the cost of the settlement with the money that the insurer would prefer to respond to for a little more.
Their goal: COMMUNICATE THE RISK
If you, your mediation presentation, instead of asking, "What's great about my case?" Ask themselves, 'If I change the setting, what about this case would freak me out? "
The elements of the Sphincter-Tightening PRESENTATION
Witnesses and Documents
The first answer is a bad defense witnesses. As lawyers in general and defense policy, in particular, companies tend to be terrible task of preparing witnesses in depositions, it is essential that all major videotape defense witnesses: Company witnesses, doctors and experts. If you are in the habit of filming everything, good for you. If not, now is a good time to this habit.
As much as possible, tell the story of the defense witnesses. Drag the parts of depositions that show blazing incompetence, indifference or, best yet, poor motivation. As much as possible, documents created by the defense to strengthen your case.
Adjusters do not typically see witness statements before the hearing. If they have some terrible witnesses, the adjuster painfully aware. Start and end with their terrible witnesses.
The Timeline
Sure, a schedule is always helpful for understanding the audience. But in mediation presentation that you want to use the timeline in order to process, to which the defendant had different decisions, the plaintiff would have spared his fate. Do they have policies against the rent? Not to train? Decide not to the customer on a potentially fatal flaw in the product safety? Put it in the timeline.
What about my APPLICANT?
Of course, applicants must be in your presentation. This serves two purposes: 1) It shows the other side, either your client is a gem (or, perhaps, that in this place, it will not if he is not), and 2) It is good customer relations. But the plaintiffs should coda, only a brief reference to the defense that they will not be able to result in large "your guy."
The big U.S. Dollar is not in the beauty of the plaintiff's life and the tragedy of his loss. The big U.S. Dollar is the adjuster, the concern about the risk. And if the adjuster of the sphincter to tighten up their hands and resolve.
Gerchen Bob is a nationally known jury consultant and author who helps lawyers communicate with people who do not have law degrees through counseling, books, articles, a newsletter and seminars. His courtroom presentation tips newsletter (http://www.winmorecases.com) offers free advice for the lawyers to help them win more cases. Bob is also the author of the book, 101 Quick Courtroom Tips for Busy Lawyers (http://www.CourtroomPresentationTips.com). To speak, Bob directly, call 1-877-863-0909.
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