ROADS TO Resolution ~ Closure ~ Certainty

There are as many ways to overcome impediments to settlement as there are creativity and people involved. Every case is unique and every situation is unique. There’s no one “right” answer which means that the parties, the mediator, the lawyers, everybody needs to be nimble and needs to be able to adjust based on how the mediation is going and what comes out. In this episode, Jean Lawler–commercial + insurance mediator and arbitrator–draws from her experience as a mediator to discuss three strategies (plus a bonus strategy!) including:

• Starting settlement discussions by working on the terms, rather than dollar amounts
• Focusing on party interests and needs
• Helping parties envision the future
• *Bonus strategy: What you need to do at the end of mediation day if you don’t quite have a settlement yet

To read the full episode transcript please see the Podcast Website.

About the Host:

Based in Los Angeles, CA, Jean Lawler is an attorney, mediator and arbitrator. She mediates a wide variety of insurance, business, and tort matters at pre-suit, trial and appellate levels, as well as federal ADA accessibility lawsuits re architectural barriers and websites. CIPP/US certified, Jean also mediates matters involving data breaches, ransomware and cyber losses. She arbitrates insurance and business disputes and is on the AAA Commercial Arbitration and Mediation panels.

Prior to becoming a full-time mediator in 2017, Jean was a Senior Partner in a Los Angeles based litigation firm, representing corporations, professionals, non-profits, individuals, and insurers in a broad range of matters, at trial, in arbitration and on appeal - mediating hundreds upon hundreds of cases over the years. Her legal experience has been diverse and international and she has a deep knowledge of the insurance industry, insurance policies and the various risks they insure against (primary, excess, reinsurance, program, surplus lines, London Market, and international insurers). Jean also served as firmwide Managing Partner of her former law firm (being intimately involved with decision making re financial, contract, employment and real estate matters), and at times chaired the firm’s Insurance Law, Cyber & Privacy Law, International Law, and Business & Real Estate Transactions practice groups and, ultimately, serving her many clients as counselor and trusted advisor.

Jean absolutely loves what she does and would be honored to serve as your Mediator or to Arbitrate your dispute! To connect with Jean Lawler, follow her on LinkedIn or find her at LawlerADR.com.

Civility in the legal profession is embodied in all sorts of laws, rules, codes, and creeds. There’s nothing new about civility. It's just a way of conducting our lives that hopefully will make not just our own lives, but everybody’s lives better. And certainly for those of us in the legal profession, isn’t that our calling?
In this episode, Host, Jean Lawler–commercial + insurance mediator and arbitrator–talks about what civility is, why it matters to lawyers, and the one key word that makes the difference.
To read the full episode transcript please see the Podcast Website.
Links to Resources Mentioned:

• One Word: Civility, By Linda Klein
• Ohio Lawyer’s Creed (see page 3 of link)
• Attorney Civility and Professionalism (ca.gov)
• State Bar of California: Proposed Amendment Requiring Attorneys to Complete Annual Civility Pledge

About the Host:
Based in Los Angeles, CA, Jean Lawler is an attorney and mediator, focusing on commercial, insurance and civil litigation matters pending at the trial and appellate levels - wherever filed. She regularly mediates a wide variety of insurance, business, and tort matters, as well as federal ADA accessibility lawsuits re architectural barriers and websites. CIPP/US (Certified Information Privacy Professional) certified, Jean also mediates matters involving data breaches, ransomware, and cyber losses. She has mediated hundreds upon hundreds - thousands - of cases over the years with a myriad of issues. For a more detailed sampling of the types of mediations that she has conducted and participated in, both when in practice and as a full-time mediator, please refer to her web page detailing Representative Matters.
Prior to becoming a full-time mediator in 2017, Jean was a Senior Partner in a Los Angeles based litigation firm, representing corporations, professionals, non-profits, individuals, and insurers in a broad range of matters, at trial and on appeal - mediating hundreds upon hundreds of cases over the years. Her legal experience has been diverse and international, and she has a deep knowledge of the insurance industry, insurance policies and the various risks they insure against (primary, excess, reinsurance, program, surplus lines, London Market, and international insurers). She also served as a Managing Partner of her former law firm, at times chairing the firm’s Insurance Law, Cyber & Privacy Law, International Law, and Business & Real Estate Transactions practice groups and, ultimately, served her many clients as counselor and trusted advisor.
As she would tell you if asked: “I absolutely love what I do! I would be honored to serve as your Mediator or Arbitrator.”
Connect with Jean:
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Website
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In this fifth episode of the mini-series on insurance and mediation, Host, Jean Lawler–commercial + insurance mediator and arbitrator–draws from her deep knowledge of the insurance industry, insurance policies and the various risks they insure against to talk about her five tips for mediating where insurance–an insurer–is going to be paying the settlement money. Episode highlights include:

• Why lawyers should prepare early and share information in mediation
• Why lawyers should draft a mediation brief that can be shared with the other side
• Why civility matters
• Why it’s important for the mediator to understand what a lawyer’s client needs in mediation
• What to do if the case hasn’t settled at the end of mediation

To read the full episode transcript please see the Podcast Website.

About the Host:

Based in Los Angeles, CA, Jean Lawler is an attorney and mediator, focusing on commercial, insurance and civil litigation matters pending at the trial and appellate levels - wherever filed. She regularly mediates a wide variety of insurance, business, and tort matters, as well as federal ADA accessibility lawsuits re architectural barriers and websites. CIPP/US (Certified Information Privacy Professional) certified, Jean also mediates matters involving data breaches, ransomware, and cyber losses. She has mediated hundreds upon hundreds - thousands - of cases over the years with a myriad of issues. For a more detailed sampling of the types of mediations that she has conducted and participated in, both when in practice and as a full-time mediator, please refer to her web page detailing Representative Matters.

Prior to becoming a full-time mediator in 2017, Jean was a Senior Partner in a Los Angeles based litigation firm, representing corporations, professionals, non-profits, individuals, and insurers in a broad range of matters, at trial and on appeal - mediating hundreds upon hundreds of cases over the years. Her legal experience has been diverse and international, and she has a deep knowledge of the insurance industry, insurance policies and the various risks they insure against (primary, excess, reinsurance, program, surplus lines, London Market, and international insurers). She also served as a Managing Partner of her former law firm, at times chairing the firm’s Insurance Law, Cyber & Privacy Law, International Law, and Business & Real Estate Transactions practice groups and, ultimately, served her many clients as counselor and trusted advisor.

As she would tell you if asked: “I absolutely love what I do! I would be honored to serve as your Mediator or Arbitrator.”

Connect with Jean:

Thanks for listening to the podcast! Want to connect or view more content from Jean?

LinkedIn

Website

YouTube Channel

Follow the podcast:

If you would like to get automatic updates of new podcast episodes, you can follow this podcast on Apple Podcasts. Also available on Spotify, Google Podcasts, Amazon Music, Podcast Addict, and more!

The topic of “risk transfer” in insurance can get very complicated. Who pays when you are faced with a lawsuit and there are multiple defendants, and some may owe other defendants (or a defendant) contractual indemnity or have named a co-defendant as an additional insured on their insurance policy? How does this all play out, and what if they don’t go ahead and honor that obligation? In this episode, Host, Jean Lawler–commercial + insurance mediator and arbitrator–draws from her deep knowledge of the insurance industry, insurance policies and the various risks they insure against to discuss two ways to transfer risk and how it works, including a discussion of a hypothetical.

To read the full episode transcript please see the Podcast Website.
About the Host:
Based in Los Angeles, CA, Jean Lawler is an attorney and mediator, focusing on commercial, insurance and civil litigation matters pending at the trial and appellate levels - wherever filed. She regularly mediates a wide variety of insurance, business, and tort matters, as well as federal ADA accessibility lawsuits re architectural barriers and websites. CIPP/US (Certified Information Privacy Professional) certified, Jean also mediates matters involving data breaches, ransomware, and cyber losses. She has mediated hundreds upon hundreds - thousands - of cases over the years with a myriad of issues. For a more detailed sampling of the types of mediations that she has conducted and participated in, both when in practice and as a full-time mediator, please refer to her web page detailing Representative Matters.
Prior to becoming a full-time mediator in 2017, Jean was a Senior Partner in a Los Angeles based litigation firm, representing corporations, professionals, non-profits, individuals, and insurers in a broad range of matters, at trial and on appeal - mediating hundreds upon hundreds of cases over the years. Her legal experience has been diverse and international, and she has a deep knowledge of the insurance industry, insurance policies and the various risks they insure against (primary, excess, reinsurance, program, surplus lines, London Market, and international insurers). She also served as a Managing Partner of her former law firm, at times chairing the firm’s Insurance Law, Cyber & Privacy Law, International Law, and Business & Real Estate Transactions practice groups and, ultimately, served her many clients as counselor and trusted advisor.
As she would tell you if asked: “I absolutely love what I do! I would be honored to serve as your Mediator or Arbitrator.”
Connect with Jean:

Thanks for listening to the podcast! Want to connect or view more content from Jean?

Jean's LinkedIn

Jean's Website