Hon. Joseph N. Casciato, (Ret.) and Hon. Michael J. Hogan, (Ret.), senior mediators and arbitrators at ADR Systems, settled a $27.9 million case involving a boat outing that resulted in three deaths. Judges Casciato and Hogan teamed to bring the parties to resolution.
The one survivor of the incident and the estates of the three deceased filed a lawsuit against the companies tasked with repairing and managing the boat. The suits, which were consolidated, alleged the company did not properly repair the boat once it was damaged two years earlier in an accident.
Four friends were returning from a daylong boating trip on Lake Michigan, when a sound started coming from inside the boat and a piece of the engine disintegrated, resulting in a hole near the back of the boat. Within three minutes, the battery and engine were under water, and the passengers were unable to call for help.
Judge Hogan said the case involved complex engineering testimony and required an understanding of the Shipowner’s Limitation of Liability Act, which the companies were using to seek exoneration.
“For this case, I met with the plaintiffs beforehand. This helped to organize how we would proceed in mediation,” Judge Casciato explained. “People sometimes forget that ex parte communication is allowed in mediation, and I have found its very beneficial to have pre-mediation conference calls or meetings. It helps to drive the overall success of the mediation.”
The case was resolved 10 days before it was scheduled to go to trial.
Judge Casciato is a senior mediator and arbitrator at ADR Systems. His trademark is his ability to guide even the most recalcitrant parties to settlement. He is well known for his thorough case preparation, positive attitude and pleasant personality.
For Judge Casciato’s full bio, click here.
Judge Hogan is a senior mediator and arbitrator at ADR Systems. During his 19-year judicial career, he presided over an unprecedented number of pretrials in the Law Division and maintained a high settlement rate. As a neutral, he continues to put forth extraordinary effort to settle cases in mediation and is diligent and efficient in arbitration.
For Judge Hogan’s full bio, click here.
To check Judges Casciato and Hogan’s availability, click here.
ADR Systems, It’s Settled.®