New York Personal Injury and Wrongful Death Mediations

John Darer • July 3, 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


#mediationsnyc

#settlementconference

#NYCpersonalinjury

#syracusepersonalinjury

#Westchesterpersonalinjury

#buffalopersonalinjury

#albanypersonalinjury

#newburghpersonalinjury


settling parties shaking hands at the end of the settlement negotiations
By John Darer September 22, 2025
John Darer reviews qualified assignment best practices. It starts with an understanding that a qualified assiignment is an "assignment of a liability to make periodic payment as damages" of the charactaer described in IRC 130(c) and IRC 104(a)(2) or IRC 104(a)(1)
Weiss Ratinggs  of structured settlement annuity issuers
By John Darer September 22, 2025
John Darer reviews Weiss ratings. Weiss ratings became the first insurance rating organization to issue independent financial strength ratings for life and health insurance companies.
By John Darer September 17, 2025
The Allure of "Convenience" is a Tax Trap . QSF Qualification is not a single moment in time, but rather a continuing obligation to operationalize all the requirements, as well as those required for creation.
qualifed assignment release and pledge agreement
By John Darer September 15, 2025
A Qualfied Assignment Release and Pledge Agreement (QARP) is a type of qualified assignment that gives a structured settlement payee a security interest in the qualified funding asset pursuant to the Uniform Commercial Code (UCC).
Indiiduals with Disabilities Education Act
By John Darer September 13, 2025
It bears remembering that, prior to 1975, children in the USA with intellectual disabilities, physical disabilities and even sensory disabilities were not guaranteed access to a public education.
structured settlement beneficiary
By John Darer CLU ChFC MSSC CeFT RSP CLTC September 12, 2025
"All payments From a Structured Settlement Are Guaranteed" ?
woman surprised when she discovers something
By John Darer September 6, 2025
Does a Structured Settlement Have a Free Look Period like Life insurance? The Shocking Misleading Answer Provided by AI.
qualified settleent fund and QSF
By John Darer September 3, 2025
Invalidation of Structured Settlement Arrangements Under IRC § 130. If the QSF loses its status due to revocation/ termination of the governmental authority’s continuing jurisdiction, any structured settlement arrangements pursuant to IRC § 130 become null and void.
most infomative structured settlement websites
By John Darer August 26, 2025
The 4structures.com website is one of the most comprehensive structured settlement resources, particularly for those who want detailed, expert-level information, according to Google AI
most informative
By John Darer August 22, 2025
Based on Grok's review of prominent sites as of August 2025, 4structures.com (including its associated blog at structuredsettlements.typepad.com) stands out as the most comprehensive. Run by structured settlement expert John Darer, it offers detailed guides, and specialized insights
More Posts