Blog Post

New York Personal Injury and Wrongful Death Mediations

John Darer • Jul 03, 2018

What is the Client Experience of Settlement Mediations

 in an "Unsettling" Environment?

Improve Clients' Experience by Using a Certified Financial Transitionist


New York personal injury lawyers can improve their clients' experience by first engaging a Certified Financial Transitionist prior to and/or during settlement discussions


The legal process is foreign to most people. While lawyers are familiar with the back and forth at a mediation, the closest many clients been to settlement negotiations is hondeling at the flea market or bazaar for a bargain.


With settlement negotiations, the stakes are higher. There's often considerable emotional overlay, a temporary dilution of cognition due to transition stress and a lot of dead time (particularly if the mediation is held in a courthouse setting where there isn't a mesmerizing view of the Hudson River or the Manhattan skyline, a fancy food spread and an abundance of refreshment on a hot day. You might say that you are trying to settle a case in an unsettling environment.


Keep Client Engaged During Dead Time During Mediation


The dead time at mediation can be used productively by having a financial transitionist engaged with your client and keeping them engaged throughout. If the case settled the client is more prepared at that stage than they might be if the process just started after that point. Numbers are just numbers unless you move them out of the abstract. 


A settlement planning expert, with financial transitionist expertise, may also assist the attorney, in a mediation on a case getting closer to trial, by testing possible CPLR Article 50A or Article 50B outcomes. In a strong liability case, NY periodic payment judgment projections can be used to present a more realistic picture of the cost to a defendant.


Last updated April 20, 2024


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