19 Trial Lawyer • Spring 2023 standard or automatic (but are becoming more common at the insistence of insurers, especially when insureds allege detailed Moody claims in their filed complaints). There’s usually not much pushback from the plaintiff’s counsel, but it’s best for the insurer to request the provision in one of its early offers. • Get an agreement in principle on the record and quickly documented as binding. Before COVID and Zoom, I would always bring my laptop to mediations. Once the deal was reached, I’d prepare and print (Yes, pre-wifi. I also carried a portable inkjet printer.) a “binding term sheet” setting out the material terms and providing that I would serve as binding arbitrator to resolve any irreconcilable disputes over language of the more formal settlement agreement. During COVID, I’ve been moving the parties back from their breakout rooms to a joint session, using the Zoom feature of making a secure video recording in the cloud, and getting everyone to confirm the terms I recite (including the same arbitration provision on drafting disputes). Challenging (but satisfying) These cases are not just insurance claims. The stress of negotiation and mediation can be as significant as in these kinds of cases as bodily injury, residential remodeling (really tough — homeowners are living with the claim), employment (people’s pride and income are at stake), and family law. The technical details (coverage, value, changing law) and the emotional content make first party insurance cases challenging but satisfying to settle. Richard Spier is a recently retired, fulltime mediator of first party insurance, employment, construction, bodily injury, business and other general litigation cases. He can be reached at 503-284-2511 or rspier@ spier-mediate.com. STANDING UP FOR JUSTICE Shareholder Marilyn Heiken has been standing up for the rights of individuals for more than 30 years. Heiken represents people in personal injury claims against hospitals, corporations, and insurance companies. She works with the same passion for justice for every client. 541.484.2434 | 800.783.2434 | justicelawyers.com
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