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Welcome

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Title: Copy will go here 2 Author: Allan Luc Last modified by: Harvey Mensch Created Date: 1/10/2007 5:02:36 PM Document presentation format: On-screen Show (4:3) – PowerPoint PPT presentation

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Title: Welcome


1
Welcome Get Your Game ON!    The Cards May
Look The Same But The Game Has Changed   19th
Annual TIDA Industry Seminar   Wednesday -
Friday October 12-14, 2011 Paris Las Vegas,
NV   TRUCKING INDUSTRY DEFENSE ASSOCIATION
6311 W GROSS POINT RD NILES, IL 60714 T 847
647 7226 F 847 647 8940 WWW.TIDA.ORG
2
Presented By
  • Harvey Mensch, Manager of Casualty at USA Truck,
    Inc.
  • Guy Perrier, Founding Partner at Perrier
    Lacoste New Orleans, LA
  • Ken Abbarno, Partner at Reminger Co. Cleveland,
    OH
  • Mike Fulmer, Senior Corp. Counsel at YRC,
    Cleveland, OH
  • Karen Podett, Senior Manager Liability Claims,
    at The Coca-Cola Comp. Atlanta, GA

3
The Cards My Look The Same But The Game Has
Changed
  • We will be taking an in-depth look into
    alternative resolution for your claims and
    litigation. It is never more critical than ever
    to start thinking and planning your strategies
    from the beginning. The panel will give there
    meaningful insight from pre-suit settlement
    strategies, personalization of the company, and
    why it is very important to investigate and know
    the plaintiff counsel as well as the mediator to
    insure a successful resolution.

4
Resolving It Before It Begins
5
1. Why?
  • Confidentiality pre-litigation information does
    not go public
  • Cost savings it is a business
  • Reduces caseload and stress
  • Minimizes risk

6
2. What to do? Improve your Game be
Personable
  • Immediate response
  • CAT team
  • Obtaining documents
  • Interviews
  • Witnesses
  • Run civil indexes
  • Criminal indexes
  • Know the likely venue/Judge/attorney

7
  • Take control expedite payment of property
    damage/rental
  • Be reasonable fair
  • Use local counsel as a partner
  • 3. How to Resolve it?
  • Mediation
  • Phone calls
  • Cup of coffee

8
4. Try Cases
  • 5. Resolution works best if the local bar knows
    you will only be fair.

9
Making It Personal
10
1. Timing of initial/Personalized contact
  • Have more than just an attorney present
  • Perhaps not have an attorney present.
  • 2. Identify motivating factors with the
    plaintiff.
  • For example
  • Resolution
  • Retribution
  • Revenge
  • Need for an apology

11
3. Identify the emotional landscape involved.
  • Father
  • Sibling
  • Type of family.

12
4. Communication
  • Make sure that efforts to reach out to the family
    through their lawyer are making their way to the
    family.
  • 5. Empower the plaintiff
  • 6. Be open at the outset.

13
What You Need To Know About Opposing Counsel
14
We are going to talk about
  • Knowing the risk
  • Knowing opposing counsel and his firms
    reputation
  • Knowing opposing counsels case resolution
    strategy

15
1. Know the risk!
  • Dont abandon your high exposure claims
  • There is more than liability and damages
  • Always evaluate the heat in the case

16
2. What is heat in the case?
  • Prior accidents
  • Positive test for drugs or alcohol
  • Drivers medical condition
  • Gross negligence
  • Texting or cell phone use
  • Defective equipment

17
3. Know opposing counsel and the firms
reputation.
  • Hiring local counsel
  • Size of the firm
  • Types of cases are handled
  • Settlement mill or trial lawyers
  • Relationship and reputation with local judges
  • Quality experts
  • Organizations and Civic Associations

18
4. Know opposing counsels resolution strategies.
  • Hard work for a fee
  • Timing and reasonableness of demand
  • Typical settlement timing
  • Mediation
  • Purpose of mediation

19
Conclusion
  • Know the risk
  • Know opposing counsel and the firms reputation
  • Know opposing counsels resolution strategies

20
Mediators Knowing how to use them Instead of
Getting Used by Them
21
1. Know who the mediator is
  • Mediators bio
  • What others say about their experiences with the
    mediator
  • What impact, if any, your specific case might
    have on the mediator

22
2. Educate the mediator about your company/client
and about you
  • 3. Know your mediation goal
  • Dollar / Settlement goal
  • Positioning via mediation
  • What would change your set goal?
  • Know the next step should you need one

23
4. Evaluate and respond to the Mediators style
of communication
  • What is the mediator saying, and what is the
    mediator meaning?
  • Based on your communication with the mediator,
    what is the mediators position on the case? The
    claimant? The value? The stumbling blocks to
    resolution? Use his/her impressions as a check
    for your impressions. Can they make you more
    objective in your review and evaluation?

24
Conclusion
  • What does your role need to be? Can you play
    that role?
  • What messages do you need to use the mediator to
    deliver that you cannot deliver?
  • Do you use/ keep the mediator involved
    post-mediation?

25
Questions
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