Taken from the briefing Mediation and Settlement - Real World Strategies recorded February, 2013.
Mediation is an alternative to litigation increasingly demanded by both judges and clients. Lawyers who are experts in taking depositions or trying cases often find themselves in unfamiliar territory in a mediation or settlement negotiation, where the required skill set is a combination of advocacy, psychology, and poker.
Lecture Topics [Total Time: 01:10:21]
- Timing of mediation (outset of case, before or after discovery and/or dispositive motions, eve of trial)
- Preparation for mediation
- Considerations that should affect opening offers or counteroffers
- Why some mediations succeed and others fail and the lessons learned from the failures
- The most common mistakes made by attorneys in mediation (including misreading the mediator and miscalculating the adversary’s bottom line)
- End-game strategies
Gregory J. Wallance (Kaye Scholer LLP). Mr. Wallance was formerly Chief Litigation Counsel to Kidder Peabody & Co., Inc., where he supervised the settlement, frequently by mediation, of thousands of securities cases, and a former federal prosecutor. He played a significant role in the resolution of the Rezulin and Seroquel mass tort litigations, the Shiley heart valve litigations, and the Chinese drywall litigation.
Michael K. Rozen (Partner, Feinberg Rozen, LLP). Mr. Rozen has achieved national prominence as a strategist, negotiator and court-appointed Special Master, having successfully resolved thousands of complex, multi-party cases. He has played a significant role in resolving product liability cases including asbestos, lead paint, Fen-Phen, Zyprexa, Cox 2 and medical device cases, among many others. He recently resolved all claims arising out of the Upper Big Branch mine explosion in West Virginia, was deputy administrator of the BP oil well disaster fund, and is presently attempting to resolve claims arising out of the Jerry Sandusky/Penn State scandal.
Peter H. Woodin (JAMS Dispute Resolution Professional). Mr. Woodin has extensive experience in the negotiation, mediation, arbitration, and settlement of complex, high-stakes, multi-party litigation involving such matters as insurance coverage, banking and financial services, professional malpractice, consumer class actions, mass torts and others. He was a court-appointed Special Master for settlement and/or discovery in multi-district and other complex litigations involving pharmaceuticals (Baycol, DES and Zyprexa), Agent Orange, employment discrimination, and governmental audits; and Deputy Special Master for the distribution of 9/11 funds.
Steve Glickstein (Kaye Scholer LLP). Mr. Glickstein is a member of the firm’s Product Liability and Counseling Practice and was its chair for 25 years. He has been involved in some of the most highly publicized product liability litigation matters, including class actions concerning diverse products such as pharmaceuticals, medical devices, construction materials, agricultural pesticides, blood products, asbestos, tobacco, and other products.
- Mediation and Settlement -- Real World Strategies
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