"Winning from the Beginning" with Early Mediation
In a recent podcast published by the Legal Talk Network, jury consultant Jason Bloom said that “Gen-Z” jurors (described generally as being born between 1995 and 2010) are statistically more inclined to try to “rewrite the law,” more plaintiff-oriented, and prone to larger damages awards. Depending on which side of the “v” a party lands, this might be good news or not-so-good news.
Regardless of which side of the “v” a party finds itself, it is news that should not be ignored.
As early as 2011, with the appointment of the Planned Early Dispute Resolution Task Force, the American Bar Association has shown an interest in early resolution strategies. With a growing backlog of pending disputes in civil courts, and the changing demographics of jurors, the timing is arguably ripe for broader discussions on the topic that include feedback from those who have used early settlement strategies successfully.
The ABA is delivering that programming as part of Mediation Week 2022 (October 17-20, 2022) through an online presentation entitled “Winning from the Beginning” which will spotlight early mediation.
On October 19th, a panel of experienced in-house and outside counsel and neutrals will discuss insights, tips, and strategies for effectively mediating disputes early. Participants will learn from:
Theresa Bevilaqua, Partner at Dorsey & Whitney LLP (Minnesota)
Lucy Clark Dougherty, General Counsel and Secretary, Polaris Inc.
Mary Cullen, Attorney, Mediator & Arbitrator, The Cullen Group (Minnesota)
Noah Hanft, Mediator & Arbitrator, AcumenADR LLC (New York)
Chauntelle Wood, Senior Associate at Baker Botts LLP (Texas)
Among the topics to be covered, the panelists will share insights and strategies on
- developing and using objective case evaluations,
- persuading parties and opposing counsel to consider early mediation, and
- how alternative fee arrangements (AFAs) support resolution strategies and foster relationships between parties and their counsel.
Registration for the ABA’s “Winning from the Beginning” 2022 Mediation Week online program is open until October 18th and available here.
As this year’s planning committee chair, I hope to see you on the 19th (Noon-1:30 pm (Central))!
Felicia Harris Hoss
is an attorney-mediator, arbitrator, and early dispute resolution (EDR) neutral, with almost 25 years of legal experience. Through the years, Felicia has helped parties resolve civil and commercial disputes both inside and outside of the courtroom in a wide range of industries involving a broad spectrum of claims. Felicia is available to assist parties and their counsel through online, hybrid, and in-person mediations and arbitrations (ad hoc and administered).
