These should not happen by accident
or as a threat. Final offers should be calculated, well-thought out, and part of an
overall strategy. Once you have gathered
enough facts and evaluated the case, you
are in a position to consider this strategy.
If your jurisdiction allows it, you can combine this with an offer of judgment. Most
cases settle. For those that do not settle,
it’s often because someone mis-evaluated
his or her case. So use this as a meaningful way to communicate to all that you are
serious about settlement and willing to go
9. Binding Arbitration
Like mediation, binding arbitration
can either be private or court-supervised.
It can also involve all parties or just one
or more of the co-defendants. In New Jersey, for example, there is court-mandated
required arbitration. There, a skilled attorney arbitrates the case prior to trial.
If either side is unhappy with the result,
then it can then file for trial.
Perhaps your case involves multiple
parties who can agree on the value of the
case, but not who should pay what portion of the settlement. Binding arbitration can be a good way to agree to settle
the case and resolve the dispute about the
apportionment without a jury.
10. Notice of Appeal
Whether it’s an adverse motion finding
or jury verdict, there can often be settlement value in simply filing the Notice of
Appeal. If counsel knows the case is not
over and that they will have to defend
their victory on appeal with a resulting
delay, then you have again opened the
door to settlement.
Resolution Facilities and
Other Statutory Mechanisms
for Catastrophic Claims
The title of the article alludes to ten
strategies. This could be eleventh, be-
cause it’s not available in most cases.
Generally, this is created by a statute or
court action. Examples include the Gulf
Coast claims facility established after the
Deepwater Horizon catastrophe, and the
claims facility set up to deal with the Dal-
kon Shield litigation. Corporate bank-
ruptcies also give rise to court-supervised
claims resolution. If you find yourself in-
volved in large-scale catastrophic claims,
then explore such a resolution facility.
From the start, your goal is prompt and
cost-effective claims resolution. These ten
methodologies provide claims profession-
als with a number of tools to accomplish
that goal. They can be combined and used
in various orders and at various stages to
help you close that claim. Have you used
a methodology or strategy you don’t see
here? Then we’d like to hear from you.
Howard S. Shafer, Esq., is the managing
partner of Shafer Glazer, LLP and president
of Your House Counsel,® The National Consortium of Highly Regarded Insurance and
Corporate Liability Defense Law Firms. For
more information, visit www.ShaferGlazer.
com or www.YourHouseCounsel.com.
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