Skip to content
Bruce Friedman MediationBruce Friedman Mediation
Bruce Friedman Mediation
Mediation and Arbitration in Los Angeles
  • Home
  • About
    • Litigation Experience
    • Mediation & Arbitration Case Summaries
  • Services
    • Arbitration Services
    • Mediation Services
  • Testimonials
  • News & Blog
  • Contact
  • Home
  • About
    • Litigation Experience
    • Mediation & Arbitration Case Summaries
  • Services
    • Arbitration Services
    • Mediation Services
  • Testimonials
  • News & Blog
  • Contact

Telling It Like It Is: A Lesson in Mediation Honesty

Jun272012
Bruce's CornerMediation
While I have greatly enjoyed my transition into mediation, there are still moments and cases that I find difficult. For example, I recently had to inform a former U.S. soldier and paraplegic that he is likely to lose his bad faith lawsuit for hospital benefits under an Accident & Health insurance policy. The soldier is an honest man, makes a good witness, and has a positive attitude about life even in light of his physical limitations.
It was my job as the mediator to let him know that I believed the insurance company’s denial of coverage to be correct in light of the facts and law based on his testimony about how his injury occurred and legal precedent against him.  I dreaded having this conversation with a person of his quality and life experiences, but it was necessary. His view of the case coming into the mediation was not realistic and it was causing his counsel to make demands that had no relationship to the merits of the case.
This was my most difficult and heart wrenching experience to date as a mediator, but I was direct with the plaintiff and told him that in order for me to facilitate a settlement, it was necessary for me to be honest about what I thought was the likely outcome of his case. At the end of our discussion, he told me that he did not like the message and wished it was otherwise, but he thanked me.  His settlement position changed and the next demand put the parties within spitting distance of settlement.
Lesson learned, no matter how difficult it may be to deliver bad news to a party, it is necessary to do so, and to have a discussion about it so that they can express their views to the mediator and hopefully make a rational and reasoned decision on how to proceed.  Compassion and empathy are important part of the message, but the message must be delivered if the mediator is to fulfill his obligation to the parties to provide an evaluation of the case in order to facilitate a resolution.
Bruce A. Friedman is a mediator with a national practice. With years of litigation experience behind him, he understands the goals of the mediation process and will do his best to ensure that the needs of both parties are met, justly and efficiently. For more information on the mediation services that Bruce A. Friedman provides, check out his website at http://www.FriedmanMediation.com, his profile at ADRServices.org, or call him at (310) 201-0010.
Category: Bruce's Corner, MediationBy bfriedmanJune 27, 2012
Tags: mediationmediator

Author: bfriedman

Post navigation

PreviousPrevious post:Conduct in the MediationNextNext post:Mediation Tips for Dealing with the Reluctant Lawyer

Related posts

Bruce Friedman Discusses the Early Mediation of Insurance Coverage Cases on Law.com
March 24, 2016
As Featured on Law.com: Effective Impasse Busting Techniques
May 8, 2015
The Biology of Decision-Making
June 18, 2014
The Antidote to the Spiteful Litigant
May 7, 2014
Bruce Friedman: Guest Host on Conflicts Specialists Show
February 5, 2014
The Mediator’s Proposal: The Ultimate Impasse Buster
January 21, 2014
Blog Categories
  • Benefits of Mediation(2)
  • Bruce's Corner(30)
  • Honors(1)
  • Mediation(39)
  • Publications(5)
Recent Posts
  • Bruce Friedman Discusses the Early Mediation of Insurance Coverage Cases on Law.com
    March 24, 2016
  • As Featured on Law360: Shepherding Insurers Through The Mediation Process
    October 9, 2015
  • Featured on Law.com: Impasse-Busting Techniques – Part 2
    September 10, 2015
  • As Featured on Law.com: Effective Impasse Busting Techniques
    May 8, 2015
Testimonials
  • [Bruce] knows when to talk, when to listen, and how to work the room.”

    James Thompson
    JPT Legal
  • Bruce took time to point out parts of each side’s case that could be made stronger and parts that could be deemphasized or omitted. Bottom line: the client came out of the exercise with a more focused case and better able to advance its positions. Bruce was superb.

    Ellis Mirsky
    The Network of Trial Lawyers
  • Bruce was prepared and understood the issues and the practical aspects of the cases. I really appreciated Bruce’s efforts in continuing to work with me and opposing counsel and his perseverance in settling the case.

    Frederick S. Reisz
    Meyers McConnell
  • I have known Bruce for years and highly recommend him. As a native New Yorker, he will be hearing significant matters in NYC as well as in L.A.

    Jeffrey Kravtiz
    Fox Rothschild
  • Bruce’s willingness to continue to follow up with both sides to settle the matter and his efforts in speaking directly with the clients to explain the issues and possible outcomes should the case proceed to trial were invaluable.

    P. Garrell
    Liner Law Firm
  • From the outset of the mediation, it was clear that Bruce understood the case and structure of a class action settlement. He was effective in his discussion of the issues in the case and made many helpful and constructive suggestions with respect to the negotiating process and the settlement terms.

    Tim Blood
    Blood, Hurst & O'Reardon LLP
Resources
linked in for bruce friedman attorney los angeles mediation services
Los Angeles Office

555 West Fifth Street
(Gas Company Tower)
32nd Floor
Los Angeles, CA 90013
T: (800) 352-JAMS

View Map & Directions

Century City Office

JAMS Services
The Watt Plaza
1925 Century Park E
Los Angeles, CA  90067 
310-392-3044

View Map & Directions

 

©2018 Bruce A. Friedman. All Rights Reserved
  • Home
  • Privacy Policy / Terms of Use
  • Contact
  • Web Design by WebPresenceesq.com
Privacy