Listen to Yourself !
Rodney Romano, Matrix Mediation, LLC
Peter Parker calls it his “spidy sense.” Others call it a sixth sense, gut feeling, inspiration or epiphany. Whatever you call that inner voice that comes up with great ideas when you take a breath and listen, it’s real and it’s valuable and most of us don’t tap into it as much as we could. When you are in a mediation and you hit a brick wall, all seems lost and you are ready to call an impasse, that voice can spark the creativity to help you move past the impasse. And that is a recipe for happy clients and a more satisfying practice, whether you are a trial lawyer, adjuster or mediator.
Not every case can or should be settled at mediation. However, there is common ground in every case. Either the parties will find it themselves or the jury will impose it upon them. But sooner or later, one way or another, your matter will be resolved. Of that, there is no doubt. The only real issue is whether the resolution will happen at a time and in a manner that most benefits the parties. For example, let’s say that a personal injury case has a probable jury verdict value of between $50,000 and $100,000, is in suit and each side has less than $5000 in costs. If the case settles for $75,000 the plaintiff will net about $40,000 before satisfying liens. The defense pays $75,000 plus its own fees and costs. At trial, if the plaintiff gets $100k but has non-taxable costs of $15k, then the plaintiff nets the same or less, especially after the PIP reduction, and the defense cost of the file approaches $150k. Everybody loses. If the defense has a good day and holds the verdict to $50,000, their cost to close the file will still exceed $75k or $85k but the plaintiff gets less. Everybody loses. Arguably in every case, but if not, then in almost every case, there is a resolution that would have made more sense to both sides than the trial result. That number is easy to figure after the trial and the harm is done; the trick is to predict the number early in the case.
The next time you hit that wall and you are almost ready to give up, try this instead: take just a few minutes to clear your head. Your mind is a powerful, powerful computer; give it a moment to process the challenge and connect the dots. Then go through a mental checklist of everything you’ve done to reach an accord, looking for angles you may not have considered. Then brainstorm with your team. Be bold, inventive and unafraid to suggest something new. If nothing happens then all you’ve lost is a few minutes. But if an idea comes to you that allows the case to settle, then those few minutes can be worth thousands. Just a thought.
Rodney Romano, Esquire/Mediator
Matrix Mediation, LLC
