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- I-71 Tractor Trailer Accident | Oldham County Truck Accident Lawyers
- Scott County Accident Update | Georgetown Car Wreck Lawyers
- Kentucky ATV accident attorneys | Eastern Kentucky ATV wrongful death lawyers
- Increased State Police Patrols and DUI Checkpoints On New Years Eve.
- Kentucky Lawyers Will Be Mandated to Maintain Trust Accounts
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- Sports Deaths in 2009. Excellent Article Written by The AP News Service...Posted on 12/28/2009
- Letcher County Miner Dies in Roof Collapse Wrongful Death Issue Being Investigated...Posted on 12/24/2009
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General
- Spinal cord paraplegia and quadriplegia injuries are life-changing. Definitions for better understanding of this tragic personal injury. Hurt, Crosbie and May.
- Spinal cord injuries from accidents are difficult to understand. This article provides some general information for individuals dealing with such an injury. Hurt, Crosbie and May, Lexington injury attorneys.
- Why Tractor-Trailer Accidents Occur?
- An Emergency within an Emergency: Medical Helicopter Accidents Increase
- Don’t Let Your Attorney Ruin Your Settlement Chances at Mediation
Don’t Let Your Attorney Ruin Your Settlement Chances at Mediation
The scenario is all too familiar in many personal injury cases. Just as the case has become ripe for meaningful settlement dialogue, the injured client has indicated an interest in exploring settlement and mediation has been commenced, the injured party's lawyer fails to recognize the importance of changing his presentation. He begins the mediation by making veiled threats and throwing around meaningless allegations that are ill-suited to finding compromise. Within minutes, the prospect for a fair settlement has been destroyed due to the inappropriate bullying and incivility of the injured party's own lawyer.
Mediation, unlike other types of advocacy, requires different skills of the attorney. The audience is not a judge or jury as they are not present. Yet, many times the theoretical lawyer fails to recognize that his antics should probably be best reserved for the courtroom, if ever employed at all. Few things impede negotiations more than an attorney acting like a fool because he has an inflated opinion of his abilities.
The goal of mediation is not to persuade the insurance company and the insurance company's lawyer that they are wrong about the issues, but rather to persuade them that the settlement is in their best interest, given the risks they face in further litigation. The main focus must be that, right or wrong, the opponent is going to have trouble successfully proving their points at trial. When the attorney tells the other side that they are simply wrong and that they don't understand the facts or the law, an inherent defensive mechanism is evoked that encourages a fight rather than beneficial evaluation.
The overall aim of mediation is not to impress, but to secure a favorable settlement for the client. Therefore, it is important that you select an attorney who not only has personal characteristics and professional skills that are important at trial, but also someone who can project confidence and find solutions at mediation.
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Lexington, KY 40507
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Video Library
General:
- Hurt, Crosbie & May Flash
- What is Mediation? Mediation Process Defined. Video Applicable to Almost All Cases.
- Kentucky Accident Attorneys Offer Advice On What To Do After An Automobile Accident
