How to Build a Mediation Presentation That Will Make an Insurance Adjuster’s Sphincter Tighten

I arrived to help my client prepare for his upcoming mediation. The first thing he did was show me all the wonderful family photos he had of his client and her husband, the decedent.

“My guy was the perfect plaintiff,” the attorney began. “Spent tons of time with his kids. He was the one who took them to school most every morning, he coached all their teams. An elder in his church. Loved by his neighbors. A consummate professional. His wife is a great witness. And this,” he said pointing to the autopsy photos, “is what happened to him. We’re going to ring the bell on this one.”

I viewed the photos silently, but all I was thinking was, “So what?”

So what?


Yes, so what? These photos, the stories, the personification of the deceased all have their place in a trial. In a mediation, it’s slightly different. We’re not playing to jurors. We’re playing to the person who holds the purse strings. The insurance adjuster. Does an insurance adjuster care that your young client was Phi Beta Kappa? Not likely. Is an insurance adjuster emotionally affected because your client’s legs were burned off him while he sat half in and half out of the SUV that had just rolled over on him? Doubtful.

Insurance adjusters have seen the worst of the worst. They see horrific injuries every day. They see “perfect” plaintiffs every day. It doesn’t move them. What do insurance adjusters care about?

Insurance adjusters care about one thing more than anything in the world, even more than money.


When an insurance adjuster is listening to and watching a mediation presentation by a plaintiff, she is asking herself, “What is my downside here? What is my risk level?” And she is constantly weighing the risks of going to trial versus the costs of settling with money that the insurance company would prefer to hold on to for a little longer.


When you start putting together your mediation presentation, instead of asking, “What’s great about my case?” ask yourself, “If I were the adjuster, what about this case would freak me out?”


Their Witnesses and Documents

The first answer is bad defense witnesses. Since lawyers in general–and busy defense firms in particular–tend to do a terrible job of prepping witnesses before deposition, it is imperative that you videotape all key defense witnesses: company witnesses, doctors and even experts. If you are in the habit of videotaping everything, good for you. If not, now is a good time to get in that habit.

As much as possible, tell the story using defense witnesses. Pull out the parts of depositions that show blazing incompetence, indifference or best yet, bad motive. As much as possible, include documents generated by the defense to bolster your case.

Adjusters don’t typically see witness testimony before trial. If they’ve got some awful witnesses, make the adjuster painfully aware of it. Start and end with their horrible witnesses.

The Timeline

Sure, a timeline is always helpful for audience comprehension. But in the mediation presentation, you want to use the timeline to highlight points in the process at which the defendants could have made different choices that would have spared the plaintiff his fate. Did they hire against policy? Fail to train? Decide not to inform the customer base of a potentially fatal flaw in the safety product? Put it in the timeline.


Of course your plaintiff needs to be included in the presentation. Doing so serves two purposes: 1) it shows the other side that either your client is a gem (or perhaps that in this venue it won’t matter if he isn’t); and 2) it’s good client relations. But the plaintiff should be a coda, just a quick notice to the defense that they won’t be able to score big on “your guy.”

The big dollars don’t lie in the beauty of your plaintiff’s life and the tragedy of his loss. The big dollars lie in the adjuster’s uneasiness about the risk. And if you can get the adjuster’s sphincter to tighten, her hands may well loosen.

Debt Negotiation Programs – Tips to Negotiate Credit Card Debt Like a Pro

In the US the negotiation of credit has been a necessary thing these days. Several individuals are highly dipped into credit card debt as they have used their plastic money randomly in a continuous way to meet their necessities. These have resulted in huge credit card debt burden and now they are keenly in search of the debt negotiation programs to eliminate the dues. As the individuals are overloaded with credit card debt, the debt negotiation programs are their vital need to get out of credit totally. The debt settlement, one of the admired debt negotiation programs plays most important role in the eradication of credit for providing the eternal triumph over the credit troubles.

Not being the professional and expert, going for negotiating yourself like the professional may be slight risky. And it will be better to think twice prior doing the approach yourself. As negotiations are normally done with loan providers, therefore it must be done cautiously and thoughtfully so that you can win the trust of the creditors and is facilitated with the maximum eradication of the sum. Thus maintaining your patience is the basic and obligatory requirement in this type of circumstance.

Again if an individual is highly credit ridden, it is obvious for him to be impatient due to the strain, psychological depression. Being in terrible credit is enough cause for a borrower to lose the emotional and mental balance. The level of confidence is lowered as well. In these circumstances it is not a wise idea or decision to go for the negotiation oneself. If you have that confidence still in you after so much strain, you can negotiate but it will always be better to leave the matter in the hands of experts.

To make the negotiations of credit just like the professionals, you must have that good know-how about the field. Being unaware of the process you can only be a failure in your attempt and your strain can be enhanced and burden can be increased. Possessing proper patience and good intelligence is highly required in this type of circumstance. You must avail the professional expert in this job to avoid the hazards that may arise in the process.

If you are willing to do the negotiations yourself, take the assistance of the settlement firm as they can provide you with a good backing that can have an effective result in the process.

Amazing Last-Minute Christmas Presents

The holiday season is destined to be at the end of the year for a good reason; you’ve your entire year to plan for the grand festivities and keep the traditions going. When it comes to Christmas, all our plans and savings revolve around this most anticipated holiday season. You work your heart out and this is the time to sit back and have the time of your life.

The exchange of special presents is one important element of this holiday season. The aim is to stay unique and to give meaningful gifts that would be used and remembered until the next Christmas. So the thoughts and ideas keep pouring in all year round, each more special than the other.

But some of us like causing trouble for ourselves and keep waiting a bit too long to get the action done. We’re aware that we might lose the deal, or might be sold already. Until we don’t get the push, we refuse to make a move. Yes, most of us have certainly been there and done that!

Christmas brings endless joys and there’s a lot to be optimistic for. Even when it’s last minute, there’s a lot you can do. Here are some great ideas of last minute gifts that would certainly please your loved ones! We’ll keep it economical for you and you’ll find most of them under $40!

1. Artistic Napkins for Cocktails

Festivities and drinking go along; both complimenting each other. This is why giving a cocktail napkin can be a great gift; especially when it comes in handy just at the right time. Show your good taste in gifts and choose a napkin that is artistic and stylish. To make it extra special, you can pair it with a fancy bottle of wine. The receiver would definitely find it useful while serving the drinks during the festivities!

2. A Coffee Set

This is a gift for all seasons and times, and you’d be surprised to find out that many households do not possess it. So after ensuring your receiver doesn’t already have it, surprise them by giving this useful set that would come to use nearly every other day. You’ll find plenty of fancy coffee sets in the super market. If they don’t look special enough, go an extra mile and purchase individual items and style it together.

Ideally, your coffee set should have a coffee mug, coffee beans and accessories. If this person is a coffee lover, they’re likely to feel good about you every morning when starting their day.

3. Warm Accessories

Since Christmas is a cold season around the world, gifting winter accessories would be great. They are likely to be used every day. Although these might be common items, you can go for special designs and materials that your receiver would not otherwise buy. Fluffy and warm socks, oversized scarfs, woolen pajamas and a glove and hat set can turn out to be great winter gifts arriving just at the right time!

4. A Pricey Pair of Head phones

Head phones? Don’t we all have them? Well, we surely do. But in most cases either they’re broken, lost or of a cheaper quality. Since they’re used every day, people rarely invest in expensive head phones. That’s where you make things special for them. Invest in a pair of head phones of a great quality, something they can use for years without facing any misery!