Impasse Breaking: Overwhelming Emotion
The purpose of Alternative Dispute Resolution (ADR) is to reduce litigation expense and delay… yet the traditional ADR model bakes in those very inefficiencies, as parties tend to prepare for mediation in much the same deliberate, expensive way that they prepare for trial.
First Court has helped our clients to win some of the biggest cases in recent judicial history.
Four years ago, our research assisted the defendants in the Aurora Theatre shooting civil case in winning a defense verdict.
Recently, we helped the plaintiff victims of a drunk driver win a record verdict of more than $1 billion to compensate for the death of two young women and catastrophic injuries to a third.
We have compiled and shared the key lessons from these landmark decisions for advocates on either side of a case with big verdict potential:
Negotiations are all about limiting risk, especially in high-stakes harassment and abuse lawsuits. This dynamic makes First Court's risk-free approach the perfect forum to negotiate settlements in these cases.
A new chapter begins for the families of a June 27, 2015, drunk driving incident that took the lives of two young women and dramatically injured another.
Four years and four months later a jury has now awarded the families a combined $1,157,000,000 in compensatory and punitive damages. The verdicts stem from a collision between a car driven by Shayna Monson and defendant Jordan Morsette. The trial included testimony that Morsette was driving his pickup at an extremely high rate of speed going the wrong way on the Bismarck Expressway in Mandan, ND.
I have the pleasure of talking every day with litigators around the country, and working together to overcome their greatest case handling challenges. Recently, these conversations have revealed a slow, but monumental change in jury behavior in the last couple of years. Some questions I hear frequently that bring this sea change to light:
One of the best parts of my job as First Court continues to grow is to identify new mediators to join our panel, vet their fit with our culture, and turn them loose on efficiently resolving disputes. I'm happy to introduce Timothy Barnes, the newest addition to our panel of neutrals.
We recently mediated a six-figure settlement of a Pennsylvania motor vehicle accident with some uniquely challenging dynamics.
First Court recently completed jury research projects on a handful of bad faith cases, and developed some insight on how jurors understand and interpret the concept of bad faith. Since this can be a tricky topic for regular people to understand, we’ve shared a few insights on what we learned, and how to effectively communicate the important points to the laypeople in the jury box.
As innovation has transformed the world and the legal industry, little has changed in the way most mediations are conducted. As professionals, we always need to consider how improvements in technology and processes can help us win better outcomes for our stakeholders. If you can relate to the following account, you owe it to your clients and to yourself to consider your alternatives to traditional mediation.