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  1. Welcome“Get Your Game ON!”  The Cards May Look The Same But The Game Has Changed 19th Annual TIDA Industry SeminarWednesday - FridayOctober 12-14, 2011ParisLas Vegas, NVTRUCKING INDUSTRY DEFENSE ASSOCIATION6311 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. Knowing the risk • Knowing opposing counsel and his firms reputation • Knowing opposing counsel’s case resolution strategy We are going to talk about:

  15. 1. Know the risk! Don’t 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 • Driver’s medical condition • Gross negligence • Texting or cell phone use • Defective equipment

  17. 3. Know opposing counsel and the firm’s 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 counsel’s 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 firm’s reputation • Know opposing counsel’s resolution strategies

  20. Mediators: Knowing how to use them Instead of Getting Used by Them

  21. 1. Know who the mediator is • Mediator’s 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 Mediator’s style of communication • What is the mediator saying, and what is the mediator meaning? • Based on your communication with the mediator, what is the mediator’s 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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