Remember, mediation is about compromise on both sides. This means that plaintiffs accept less money than they want, and defendants pay more money than they want. •
Future lost earnings. If your client has a permanent injury that will prevent them from working, hire an economist to prepare a report about future lost wages. Include the report with your mediation position statement.
•
Properly calculate your Robinson number. Make sure it includes liens, outstanding bills, out-ofpocket expenses and bills paid by your client. Add to your past Robinson number of future medical care and treatment and future lost income, if applicable.
•
Be realistic. Make a realistic demand. Remember caps on non-economic damages are $250,000, up to a maximum of $350,000. Evaluate your case fairly, reasonably and rationally.
•
Work with the mediator during negotiations. Do not take unrealistic positions. Realize that the mediator is working to help you achieve a better result than you would most likely receive from a jury at trial. Be honest with the mediator regarding your financial goals. Trust the mediator’s instincts.
•
Prepare your client for the mediation. Explain about current and past jury verdicts and arrive at a range of value with your client. Inform your client
TRUST & ESTATE
ADMINISTRATION INVESTMENT
MANAGEMENT
PARK
NATIONAL BANK TRUST & INVESTMENT SERVICES
Personal service and flexibility from people you can count on. You can reach us at 614.228.0063. Investments are not FDIC insured, not bank guaranteed, and may lose value.
27 | Columbus Bar L aw yers Quarterly Spring 2019