Jury Duty With a Mediator Mindset, Part 6: Conclusion
Not only did I have the opportunity to see how a jury values a particular case, but also I gained insight into their thinking and decision making. Some of my assumptions were shaken; others were confirmed. I was concerned about the actual size of the... Read More
Jury Duty With a Mediator Mindset, Part 5: Jurors’ Interviews
I was released from the jury just prior to its retiring to deliberate the verdict. I was terribly disappointed that I was not going to continue to participate in a process I had talked about for years in mediation. However, I did maintain contact wit... Read More
Jury Duty With a Mediator Mindset, Part 4: Damages
The jury’s methodology for determining damages was the most surprising aspect of the trial. The plaintiff’s lawyers submitted evidence showing the medical bills incurred by the plaintiff as a result of the injury were $95,000. The defense asserted so... Read More
Jury Duty With a Mediator Mindset, Part 3: Liability Issues and Causation
The plaintiff asserted the construction company had been negligent by failing to exercise due care in re-routing traffic away from the pothole. There was no question the construction company knew about the pothole; the issue was what duty it had to p... Read More
Jury Duty With a Mediator Mindset, Part 2: The Jury
Seven of us were selected to serve – six jurors and one alternate. I initially tried to guess who the alternate was but recognized it was futile. I had no real information from which to make that judgment. Our jury was composed of five men and two wo... Read More
Jury Duty with a Mediator Mindset, Part 1
This story begins with the receipt of a jury summons from the Orange County Courthouse in the first quarter of 2014. ... I had appeared for state court jury duty in the past but was never chosen to serve on the jury. I assumed this journey would enta... Read More
Basic Training 3: Preparing for Mediation
Make sure your office spends sufficient time explaining the mediation process to the client. No client should go into mediation without knowing about the mediator’s role, the mediation process and a discussion about the client’s objectives, including... Read More
Basic Training 2: Gaining Mediation Insight
Scheduling can be one of the biggest challenges in getting ready for a mediation, particularly if the case involves numerous attorneys. It is important to place a hold on the mediator’s calendar as soon as possible so that you will preserve the date.... Read More
Basic Training: What is Mediation?
Earlier this year, shareholder Michelle Jernigan took part in a boot camp for paralegals. She offered fundamental advice about hiring a mediator and assisting when a mediation takes place. What is mediation? A professional neutral helps disputing pa... Read More
