A Mediator’s Perspective on Settlements

Here’s an interesting piece in Plaintiff Magazine from a long-time mediator about the trade-off between settling a case and getting maximum value for it. This package is one of several useful insights:

When I was practicing and clients told me that they needed so much money for a case, I had a little speech I gave them. I would tell them that every case has a settlement value even if the parties disagree about what the value of that case is. I would pick up the file and tell them that this case has a settlement value. All I can do for you is try to obtain the highest value I can for this case. And if we can’t settle the case, to try it and advocate as strongly as I can. However, the settlement can only be based on the value of the case, not a Plaintiff’s need.

In all cases, whether personal injury, employment discrimination, insurance claims, etc., both sides will try to bring about the most advantageous resolution possible. A big part of resolving a case by settlement, and therefore avoiding the time commitment, expense, and risk, of trial, is being smart about the value of your case and the fact that few settlements leave both sides completely happy.