Preparation

Preparation for a mediation by plaintiff's counsel should not be a casual, or last minute, undertaking.

Insurance adjusters roundtable, value, and reserve cases weeks before a mediation. So, it is essential that plaintiff's counsel ensure they have provided all of their expert's reports well in advance, and have addressed any requests for additional information by the defendant that they say they need to assess the case.

If a case is grossly under-reserved, you are not going work miracles at mediation and the case is unlikely to resolve. Appropriate reserving by the defendant insurer is as much a function of advance work by plaintiff’s counsel as proper evaluation by the insurer.