This dispute was resolved on 5/31/17 using 1 Hour Mediation. The parties reached 47 degrees in Settlement Testing, then used a 15 Minute Focus Group to close the remaining gap.
Plaintiff driver was injured when her automobile was struck by Defendant truck. Defendant admitted liability, but disagreed with need for lumbar fusion surgery.
Plaintiff’s perspective: The Defendant’s careless driver ran into the Plaintiff when she was doing nothing wrong. They admitted they were at fault, now are trying to avoid paying for a surgery that she needs to get back to health. Plaintiff will need $325,000 to pay her medical bills and be adequately compensated for her pain.
Defendant’s perspective: Our driver made a mistake, and we are willing to make Plaintiff whole again. However, this was a minor impact, and now after hiring a lawyer Plaintiff claims to need a major back surgery. She has returned to full activity after the accident, and we do not believe that she will ever have the surgery, so $175,000 would fairly compensate her.
Why 1 Hour Mediation Worked:
Each party thought they knew how a local jury would consider the need for surgery, but neither side was able persuade the other side to change their valuation. We presented a brief outline of the key facts and arguments to 10 laypeople from the trial venue, and asked for their opinions. Equipped with this objective feedback as a reference point, the parties quickly settled for $200,000.
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