I have a case that’s worth well over policy limits. We have lowered our pre-suit demand to policy limits and filed a complaint. If the defense doesn’t accept we will eventually have court-ordered mediation. Since I would rather try the case than go one dollar below our current policy limits demand, what would I do at mediation? Reiterate our position to the mediator and have him try to sell it to the defense and hold firm on our policy limits demand?

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Absolutely tell the defense you don’t plan on negotiating below policy limits. See if the demand can be accepted leading up to the court ordered mediation. It’s a waste of everyone’s time to mediate if you have no intent to actually mediate.

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Thanks! I told the magistrate that in our scheduling conference. I said we’ve been negotiating for a year and a half pre-suit and are at our rock bottom of what we will take. He said we still need to try to mediate. I like the approach of contacting defense counsel and saying we are at our lowest amount and have no intention of going below it at mediation.

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Also should I tell the defense in advance of the mediation that we will not be lowering our demand?

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Just tell the mediator the truth... You think it's a full policy case and you're not prepared to take anything below the policy. The mediator will likely ask you privately if you're willing to save them something off the policy but you're free to say no. If the value of the injury far exceeds the policy limit, the mediator will go to bat trying to get the defts to pay. Court ordered mediators are judged on how many cases they close so it's worth it to them to at least try. And sometimes just the court saying "Yea, this case is worth way more than the policy, pay up" moves the insurance company (esp. if they're regularly in that part).

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That’s true. I don’t want to have blinders on if there are holes in my case. I don’t think there are but at least mediation is a chance to get a neutral opinion/evaluation.

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Don't budge

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Yes, I would tell defense counsel in advance that you're not moving off policy limits and I would be upfront with the mediator about it. If they accept, great. In the much more likely scenario that they don't, you're just checking off a box. Even if the mediation only lasts 10 minutes you've completed your legal requirement and can now move on to trial.

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Tell the mediator and court in advance that mediation will be fruitless so you don’t waste everyone’s time.

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I have done this many times with mediators and if you have a good one, they are able to express to defense counsel the risks of trial and a judgment in excess of limits. (I am in texas where we can receive more than limits after unconditional demand of limits is rejected) Is this possible in your state? If so, you have leverage in mediation.

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