Author: Paul J. Molinaro, M.D., J.D.

THINGS YOU MIGHT HEAR ME SAY IN MEDIATION

THINGS YOU MIGHT HEAR ME SAY IN MEDIATION (Episode 259) [TO A PARTY] I received briefs from the attorneys. Those documents contained their versions of facts and legal arguments about your case. However, it’s your case, and hearing your description of what happened helps me to not only get a better understanding of the events […]

A VERY LONG ESSAY ON WHY MOST MEDICAL MALPRACTICE AND MOTOR VEHICLE CASES SHOULD, AND DO, SETTLE

Get yourself a fresh cup of coffee and sit in a comfortable chair, because this is going to be a heck of a long read but worth the time. You want to know why most medical practice cases and motor vehicle cases should, and do, settle? You ready? Here it is… Because only in the […]

MEDIATION PREFERENCE: FACILITATIVE, EVALUATIVE, OR BOTH

Academics will argue that I’m simplifying and leaving out a lot of specifics, details, and exceptions… To which I respond by saying, “There will be no test on the contents of this post.” Mediators have three approaches to mediating: (1) Facilitative; (2) Evaluative; and (3) a combination of both. Facilitative mediations are where the mediator […]

TIMING IS EVERYTHING

MEDIATION TIP_____Scheduling a mediation at the right time (stage) of a case is one of the many important factors needed for a successful (ending in settlement) mediation._____Too Early?The parties don’t have enough information (not enough investigation, discovery, motion work, etc.) to have a grasp on damages and chances of success at trial._____Too Late?The parties become […]