Presentation of the case during settlement negotiations
EFFECTIVE PRESENTATION OF A CASE DURING SETTLEMENT NEGOTIATIONS IS AN ART FORM
Effective presentation of a case begins long before the settlement discussions. If the case is not aggressively and expertly prepared for trial, it cannot be presented in its best light for settlement. If the defense does not believe that you will try the case, they will not pay top settlement dollars.
Unlike during trials, where case presentation is limited by rules of evidence, there are no limitations during settlement discussions. BIREN|KATZMAN has developed many different settlement presentation approaches.
SETTLEMENT CONFERENCE / MEDIATION BRIEFS
The trial lawyers of BIREN|KATZMAN almost always presents their client's case with a detailed settlement conference or mediation notebook, which combines a textual description of the case with attached supporting documents (pictures, deposition excerpts, medical reports, etc.) This format allows for an uninterrupted, cohesive presentation of every aspect of the case, different than what can be presented during the give and take of settlement discussions between the parties.
Another benefit of a detailed written presentation is that it preconditions the settlement conference judge or mediator to believe in the merits of the case. Equally important, detailed documentary presentations not only educate the defense (particularly the insurance adjusters or corporate executives who hold the purse strings, but who have not been actively involved in case preparation) regarding the merits and value of the case, but eliminate any doubt about BIREN|KATZMAN‘s level of preparation and/or resolve to win the case for their client.
Of course, the firm never discloses everything to the other side; holding back crucial zingers and impeachment evidence for trial.
COMPUTER PRESENTATIONS
Another approach used by the firm in appropriate circumstances is to highlight important aspects of the case by use of computer assisted visual presentations. These presentations are not only effective communication tools, but again demonstrate BIREN|KATZMAN's level of skill and preparation; previewing the type of presentation which the defense can expect at trial if the case is not resolved.
MEDIATION WITNESSES
On occasion, BIREN|KATZMAN has felt that it would be beneficial for the defense representatives to have first hand observations of important witnesses in order to reinforce particular strengths of the case. Sometimes, the firm has presented their client during the mediation. At other times, doctors or experts have been invited to make presentations about disputed aspects of the case which BIREN|KATZMAN suspects the other side might have misconceptions about.
CREATIVITY
Perhaps the overriding character of BIREN|KATZMAN's settlement preparations and presentations is creativity. Over its 35 year history, the firm has utilized numerous imaginative approaches to illustrate the merits of its cases. Examples include:
USE OF VIDEOTAPE (In one settlement conference involving a container that was dropped from a crane, BIREN|KATZMAN started the settlement conference by showing an excerpt from Lethal Weapon 2 where a similar incident was filmed.)
USE OF DEMONSTRATIONS (In one case involving a tip over of a scissors lift, BIREN|KATZMAN rented a similar device, tested it under similar terrain and recreated the accident.)
PRESENTATION OF GRAPHIC EVIDENCE (The firm often includes particularly gruesome photographs in its settlement brochures because they drive home the human horror of bad accidents, even if the court might not let them into evidence because of their graphic and potentially prejudicial nature.)
PRESENTATION OF EXCERPTS FROM FOCUS GROUPS (In one case we showed the adjuster excerpts of value discussions, establishing that the minimal values being considered by the mock jury were considerably higher than the maximum values he had previously considered appropriate.)
BIREN|KATZMAN has developed a tremendous capability of selecting the most effective method of presentation to fit the unique characteristics of the case. As a result, the firm has amassed an extraordinary record of settling cases for top dollar and has recovered more than $250 million for its clients.
Contact BIREN|KATZMAN for a free consultation about cases in any of our practice areas; your recovery could begin today.
