Any lawyer or insurance professional who has spent time attempting to settle a case through traditional mediation (both parties working with a mediator at the same facility) has likely been frustrated. It is difficult to find a day and time when all parties can meet. It is inconvenient to spend a day (or days) away from the office and life at home. It is expensive. But, perhaps most frustrating, it is inefficient. Between the posturing and delays, parties often leave mediations with little to show for their efforts.
Jurors are the single most important part of a trial. They decide who wins and who loses. While it is easy to focus on the arguments and the presentation of evidence - all of which are important - it is vital to remember who is actually deciding the case. Arguments do not decide cases. Evidence does not decide cases. Jurors decide cases.
It's difficult for negotiators to evaluate their case objectively. We recognize the challenge, but want to recognize - and reward - the very best, most objective negotiators. What is the one objective measure of the “true” value of a case? The final award or settlement amount! Therefore, when a case is resolved, we compare the last number each negotiator tested in the Thermometer to the final settlement number; that gives us an objective rating number showing how well that negotiator evaluated and tested that particular case.
First Court’s approach to ADR is unique, and if you are new to working with us, it may initially feel new and uncomfortable.
1 Hour Mediation has quickly and efficiently closed cases with a huge range of dollar values, complexities, and particulars. However, submissions that fail to yield the best results generally have one or more of the following problems: